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CHITWOOD v. A.O. SMITH HARVESTORE

No. 90-0292.

170 Wis.2d 622 (1992)

489 N.W.2d 697

John CHITWOOD, and Barbara Chitwood, Plaintiffs-Respondents, v. A.O. SMITH HARVESTORE PRODUCTS, INC., Defendant-Appellant, A.O. SMITH CORPORATION, Dodgeland Harvestore, Edward Bartolemei, Robert Carl Shoemaker, Maryland Casualty, and Tower Insurance Company, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided August 20, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael A. Schumacher of Herrick, Hart, Duchemin, Danielson & Guettinger, S.C. of Eau Claire and Donald E. Egan, Bonita L. Stone and Mark L. Johnson of Katten Muchin & Zavis of counsel of Chicago, Illinois and orally argued by Bonita L. Stone.

For the plaintiffs-respondents the cause was submitted on the brief of Charles A. Bird of Bird & Jacobson of Rochester, Minnesota and James R. Koby of La Crosse and William Mahler of Rochester, Minnesota and Karen Fowell of Richland Center and orally argued by Charles A. Bird.

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

DYKMAN, J.

A.O. Smith Harvestore Products, Inc. ("Harvestore Products" or "the company"), appeals from an order denying its motions for judgment notwithstanding the verdict, to change verdict answers and for a new trial. The issues are: (1) whether the trial court properly ordered a jury trial after the plaintiffs failed to timely pay the jury fee; (2) whether the trial court erred in admitting evidence of representations...

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