First National Bank of Kenosha v. Scalzo

Two issues are presented on this appeal:

1. Could the trial court properly consider the equitable remedy of reformation on the basis of allegations of fraud not raised prior to trial ?

2. Was there a basis for reformation ?

Additional remedy.

Although the trial court indicated that it did not have the authority to consider allegations not pleaded or specifically cited until the post-trial briefs, it did consider the question of fraud as a basis for equitable relief. It is unclear whether the court considered that the issue had been properly raised without prejudice to the defendant. Since fraud…