Larson v. Kleist Builders, Ltd.

Firstar Bank Milwaukee, N.A., appeals from a judgment granted in favor of Alan and Laurie Larson arising from Firstar's deposit of their check, payable to Firstar, into the general account of Kleist Builders, Ltd., rather than into the intended escrow account. The trial court concluded that Kleist, the Larsons' contractor, was not a fiduciary and, therefore, rejected Firstar's claim that the Uniform Fiduciary Act operated as a defense to the Larsons' action. We affirm.

The facts are undisputed. In June 1994, the Lar-sons entered into a home remodeling contract with Kleist. Kleist requested…