Charles Wolk and Katherine Wolk v. Max H. Churchill, Jr. And Mary Ann Churchill, Lee & Schermen Realty Co

HEANEY, Circuit Judge.

Charles and Katherine Wolk appeal from a judgment, pursuant to a jury verdict, in favor of Max and Mary Ann Churchill, dismissing the Wolks’ claim on a promissory note made by the Churchills and awarding the Churchills $110,000 actual and $15,000 punitive damages on a fraud counterclaim against Charles Wolk. The district court denied the Wolks’ motions for a new trial or judgment notwithstanding the verdict. They seek reversal of the judgment and a new trial. Because we find that the jury may have awarded actual damages on the counterclaim under a partially erroneous…