By: WISCONSIN LAW JOURNAL STAFF//May 3, 2012//
Where a check from the defendant was endorsed by the plaintiff, the jury could reasonably find that the defendant did not breach the contract.
“In this case, contrary to Best Price’s closing argument, there was evidence that the check did ‘fall[] into the hands of Best Price Plumbing.’ Specifically, the jury was presented with a copy of the check, which bore a handwritten endorsement from Best Price. Additionally, the jury heard testimony from Trimble that he had given the check to his handyman, Abdul, and asked him to get Best Price’s endorsement. Trimble testified that Abdul was not required to leave the work site to get the endorsement because two Best Price employees, Darryl and Paul, were on site. Trimble testified that he believed that Best Price’s endorsement was made by either Darryl or Paul.”
Affirmed.
2010AP1474 Best Price Plumbing, Inc. v. Erie Insurance Exchange
Bradley, J.
Attorneys: For Appellant: Bowlin, Elissa M., Brookfield; McField, Adrial B., Brookfield; For Respondent: Love, George W., Waukesha