D'HUYVETTER v. A.O. SMITH HARVESTORE

No. 88-1880.

164 Wis.2d 306 (1991)

475 N.W.2d 587

Achiel D'HUYVETTER, Plaintiffs-Respondents-Cross Appellants, v. A.O. SMITH HARVESTORE PRODUCTS, Defendant-Cross Respondent, A.O. SMITH CORPORATION & Employers Insurance of Wausau, a Mutual Company, Defendants, HEART O'WISCONSIN HARVESTORE SYSTEMS, INC., Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided August 22, 1991.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of J. Drew Ryberg of Garvey, Anderson, Kelly & Ryberg, S.C. of Eau Claire and Donald E. Egan and Bonita L. Stone of Katten Muchin & Zavis of Chicago, Illinois and oral argument by Bonita L. Stone and J. Drew Ryberg.

For the plaintiffs-respondent-cross appellants the cause was submitted on the briefs of James R. Koby of Parke, O'Flaherty, Heim Egan & Koby, Ltd. of La Crosse and Charles A. Bird of Bird & Jacobsen of Rochester, Minnesota and oral argument by James R. Koby and Charles A. Bird.

For the defendant-cross-respondent the cause was submitted on the brief of Dennis M. Sullivan of Herrick, Hart, Duchemin, Danielson & Guettinger, S.C. of Eau Claire and oral argument by Dennis M. Sullivan.

Before Eich, C.J., Dykman and Sundby, JJ.


DYKMAN, J.

Heart O'Wisconsin Harvestore Systems, Inc., a distributor of Harvestore silos, appeals from a judgment against it for intentional misrepresentation, awarding damages of $275,000. Achiel and Anitta D'Huyvetter (plaintiffs) cross-appeal numerous pretrial and post-trial decisions of the trial court.

I. ISSUES AND DECISION

On appeal, Heart O'Wisconsin contends: (1) that plaintiffs failed to present evidence sufficient to establish intentional...

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