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K & S TOOL & DIE v. PERFECTION MACHINERY

No. 2005AP2148.

720 N.W.2d 507 (2006)

2006 WI App 148

K & S TOOL & DIE CORPORATION, Plaintiff-Respondent, v. PERFECTION MACHINERY SALES, INC., Defendant-Appellant, Industrial Rebuilding & Machining, Inc., Defendant, United National Insurance Company, Intervenor.

Court of Appeals of Wisconsin.

Opinion Filed June 22, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Gregory P. Seibold, of Murphy Desmond S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael J. Hanrahan, of Fox, O'Neill & Shannon, S.C., Milwaukee.

Before LUNDSTEN, P.J., VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

K & S Tool & Die Corporation claims that Perfection Machinery Sales, Inc. violated WIS. STAT. § 100.18,1 "Fraudulent representations," by selling to K & S an 800-ton press that Perfection represented was a 1000-ton press. The jury agreed, finding that Perfection violated § 100.18 and that the violation caused K & S pecuniary loss in the amount...

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