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LIEN v. PITTS

No. 44.

46 Wis.2d 35 (1970)

174 N.W.2d 462

LIEN and wife, Plaintiffs and Respondents, v. PITTS and wife, Defendants and Appellants: O'MALLEY REALTY COMPANY and others, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Byron J. Hays of Milwaukee.

For the plaintiffs-respondents there was a brief and oral argument by David W. Lers of West Allis.

For the defendants-respondents there was a brief and oral argument by Gregory Gramling, Jr., of Milwaukee.

BEILFUSS, J.

The overriding issues are: (1) Whether the trial court abused its discretion in granting a new trial in the interest of justice in the action between the sellers and the buyers, and (2) whether it was error to dismiss the action against the third-party real estate broker and its sales people.

"The general rule is that an order for a new trial in the interest of justice will be reversed only where the trial court abused its discretion. The rule...

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