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SCHWIGEL v. KOHLMANN

No. 04-0588.

280 Wis.2d 193 (2005)

2005 WI App 44

694 N.W.2d 467

Jeffrey SCHWIGEL and Classic Tool & Machine Company, Plaintiffs-Respondents, v. David J. KOHLMANN, Jane Kohlmann, and Kohlmann Tool & Design, Inc., Defendants-Appellants, Port Washington State Bank and Middle West Manufacturing, Inc., Intervenors.

Court of Appeals of Wisconsin.

Decided February 23, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Benjamin J. Harris of Harris & Associates, S.C., Milwaukee and Paul Piaskoski, of counsel, of Paul Piaskoski, LLC, Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Daniel W. Stevens and Nicholas Zales of Stevens & Kroening, LLC, Brookfield.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. SNYDER, J.

David and Jane Kohlmann and Kohlmann Tool & Design, Inc. (Kohlmann) appeal from a judgment on a jury verdict awarding a total of $412,000 in compensatory and punitive damages to Jeffrey Schwigel and Classic Tool & Machine Company (Schwigel). Kohlmann contends that the trial court erred when it failed to differentiate between Schwigel's contract claim and his conversion claim when instructing...

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