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Citizens State Bank v. Timm, Schmidt & Co.

Wisconsin Supreme Court

335 N.W.2d 361 (Wis. 1983)

Relevant factsFree

Timm, Schmidt & Co. (defendant) prepared financial statements for Clintonville Fire Apparatus (CFA), which CFA used to obtain a loan from Citizens State Bank (plaintiff); the statements contained errors, and when they surfaced, CFA's loans were called due, leading to CFA's liquidation with over $152,000 still owed to Citizens. Citizens sued Timm for negligent preparation of the statements; the trial court granted Timm summary judgment for lack of privity, and the court of appeals affirmed.

IssueFree

Whether an accountant can be held liable, absent privity of contract, to a third party who relies to its detriment upon a negligently prepared financial report.

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