Elaine Skrupky v. Stephen T. Elbert and

LaROCQUE, J. Elaine Skrupky, the seller in a land contract foreclosure action, appeals a money judgment awarded on the counterclaims
of Stephen Elbert and Lynn Marsh-Elbert (the buyers). Following a bench trial, the circuit court awarded the buyers tort damages
of $81,849.30, including $17,830 in attorney fees, less $58,127.21 awarded Mrs. Skrupky as the principal balance due under
the land contract. Although a number of issues are raised, the following are dispositive: (1) whether the evidence supports
the finding that Mrs. Skrupky's son, Lynn Skrupky, was acting as her agent when he misrepresented the condition of the property;
(2) whether the evidence supports the damage award; (3) whether the award of attorney fees under the deceptive advertising
statute, § 100.18, STATS., was beyond the three-year statute of limitations; and (4) whether the trial court erroneously
exercised its discretion by refusing to award interest on the unpaid principal balance of the land contract. We conclude: (1) The evidence supports a factual inference that Lynn had implied actual authority under the laws of agency,
the trial court's finding of agency was not clearly erroneous and his misrepresentations impose liability upon Mrs. Skrupky
as a principal; (2) the evidence is sufficient to sustain only specified parts of the damage award; (3) the deceptive advertising
claim was not filed within the statute of limitations; and (4) the trial court did not erroneously exercise its discretion
under its equitable powers to deny interest on the unpaid land contract principal. We therefore affirm the imposition of liability
for misrepresentation, but reverse and remand for recalculation of the damages consistent with this decision.