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FIRST NAT. BANK v. SCALZO

Nos. 608, 609 (1974).

70 Wis.2d 691 (1975)

235 N. W. 2d 472

FIRST NATIONAL BANK OF KENOSHA, Trustee, Appellant, v. SCALZO and wife, Respondents. FIRST NATIONAL BANK OF KENOSHA, Trustee, and another, Appellants, v. SCALZO and wife, Respondents.

Supreme Court of Wisconsin.

Decided November 25, 1975.

Attorney(s) appearing for the Case

For the appellants there was a brief by Foley & Capwell, S. C. of Racine, attorneys, and Phillips, Richards & Mayew of Kenosha, of counsel, and oral argument by Rex Capwell.

For the respondents there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo L. Vaudreuil.

HANLEY, J.

Two issues are presented on this appeal:

1. Could the trial court properly consider the equitable remedy of reformation on the basis of allegations of fraud not raised prior to trial?

2. Was there a basis for reformation?

Additional remedy.

Although the trial court indicated that it did not have the authority to consider allegations not pleaded or specifically cited until...

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