bargain rule (Wisconsin) · Go Syfert
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bargain rule in Wisconsin

7 Wisconsin opinions name it 2 courts 1985–2004 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Ollerman v. O'Rourke Co., Inc.green
wis · 1980 · cited in 4 Wisconsin opinions naming this issue, 1985–2003
2 sentences

2003"Under the benefit of the bargain rule, the measure of the purchaser's damages is typically stated as the difference between the value of the property as represented and its actual value as purchased." Ollerman, 94 Wis. 2d at 52-53 ; Wis JI— Civil 2405.

1988The supreme court held, "Under the benefit of the bargain rule, an alternative measure of recovery is the reasonable cost of placing the property received in the condition in which it was represented to be and the purchaser is not limited to the direct damage_” Id. at 53 , 288 N.W.2d at 112 .

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Skrupky v. Elbert green
wisctapp · 1994
2 sentences

2004Skrupky, 189 Wis. 2d at 47 . ¶ 31.

2000Skrupky, 189 Wis. 2d at 47 , 526 N.W.2d at 270 .

22000–2004
Gyldenvand v. Schroeder green
wis · 1979
1 sentence

1985Id.

11985–1985

Where else courts name it

MO 20 (1934–2016) CA 19 (1961–2022) TX 11 (1992–2015) TN 9 (1976–2020) OH 8 (1987–2024) PA 7 (1987–2016) WI 7 (1985–2004) IL 7 (1930–2020) MA 7 (1960–2005) KS 5 (1962–2024) FL 5 (1970–2019) WA 5 (1960–2016) MT 4 (2009–2022) NM 4 (1998–2023) OR 3 (1959–2025) MS 3 (1990–2000) CO 3 (1961–1993) NJ 3 (1974–2019) IN 2 (2002–2003) ID 2 (1996–2014) NE 2 (1998–2000) IA 2 (1988–1990) UT 2 (1992–2011) MI 2 (1950–1976) AZ 2 (1968–2021) SC 2 (1974–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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