Criticare Systems, Inc. v. Sentek, Inc.

We hold that the remedy elected by Sentek, Inc., the victim of securities fraud in this case, bound the trial court to enforce sec. 551.59(7), Stats., upon Criticare Systems, Inc., the perpetrator of the fraud. Thus, because Sentek received recission and restitution rather than breach of contract damages, Criticare is prohibited by statute from itself seeking damages upon the contract. We also allow attorneys' fees and interest to Sentek.

On the cross-appeal of Criticare, we affirm the partial summary judgment against Criticare regarding a covenant not to compete because this claim emerged…