Ollerman v. O'Rourke Co., Inc.
Wisconsin Supreme Court
288 N.W.2d 95 (1980)
- Written by Mary Pfotenhauer, JD
Facts
Ollerman (plaintiff) purchased a vacant lot from O’Rourke Co., Inc. (defendant), on which he intended to build a house. O’Rourke is an experienced real estate developer and seller familiar with the area where Ollerman’s lot is located. Ollerman is not experienced in real estate transactions, and is not familiar with the area where his lot is located. While excavating for the house on the lot, a well was uncapped, releasing water. Ollerman brought claims for intentional and negligent misrepresentation, claiming that O’Rourke knew or should have known about the well, had a duty to disclose it, and failed to do so. Ollerman claims he would not have purchased the real estate, or would have purchased it at a lower price, had he known of the well, and that he relied on O’Rourke’s failure to disclose the well in buying the lot. The circuit court denied O’Rourke’s motion to dismiss for failure to state a claim upon which relief can be granted, and O’Rourke appeals that decision.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, J.)
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