K&S Tool & Die Corp. v. Perfection MacHinery Sales, Inc.

¶ 1. K&S Tool & Die Corporation claims that Perfection Machinery Sales, Inc. violated Wis. Stat. § 100.18, "Fraudulent representations," by selling to K&S an 800-ton press that Perfection represented was a 1000-ton press. The jury agreed, finding that Perfection violated § 100.18 and that the violation caused K&S pecuniary loss in the amount of $306,000. Perfection appeals the judgment entered on the verdict, contending: (1) as a matter of law, K&S was not a member of "the public" within the meaning of § 100.18; (2) the circuit court erroneously instructed the jury on the meaning of "the…