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MALCO v. MIDWEST ALUMINUM SALES

14 Wis.2d 57 (1961)

MALCO, INC., Respondent, v. MIDWEST ALUMINUM SALES, INC., Appellant.

Supreme Court of Wisconsin.

June 6, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Snyder, Mantyh & Arndt of Milwaukee, and oral argument by E. H. Snyder.

For the respondent there was a brief and oral argument by Jack J. Gimbel and Seymour Gimbel, both of Milwaukee.

HALLOWS, J.

The first question is whether the trial court erred in changing the answer to the first question in the verdict. The question inquired, "What sum, if any, do you find due to plaintiff from defendant by virtue of the contract of February 15, 1958?" The jury answered "None." The trial court changed this answer to $993.95 stating, in its opinion, the jury probably became confused by the reply and the counterclaim...

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