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BANK OF SUN PRAIRIE v. ESSER

No. 88-0460.

151 Wis.2d 11 (1989)

442 N.W.2d 560

BANK OF SUN PRAIRIE, Plaintiff-Appellant-Cross Respondent, v. Leah J. ESSER, Defendant-Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided May 18, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant and cross-respondent the cause was submitted on the briefs of Francis J. Eustice and Gregory J. Fumelle, and Brill & Eustice, S.C., of Sun Prairie.

For the defendant-respondent and cross appellant the cause was submitted on the briefs of Carlton Roffa, of Brookfield.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

The Bank of Sun Prairie sued Leah Esser on her guaranty of a loan taken out by her brother, Keith Johnson. Esser counterclaimed, charging that the bank had misrepresented the terms of the guaranty to her. The trial court denied the bank's motion for summary judgment on its claim, although it later directed a verdict in the bank's favor at the close of the trial. The case went to the jury on Esser's misrepresentation...

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