By: Derek Hawkins//February 1, 2017//
WI Court of Appeals – District IV
Case Name: Bushman Farms, Inc. v. Dairyland Real Estate, LLC
Case No.: 2014AP2989
Officials: Kloppenburg, P.J., Higginbotham and Blanchard, JJ.
Focus: Court Error – Contract
This appeal arises out of Bushman Farms, Inc.’s allegations that Dairyland Real Estate, LLC, did not perform under the terms of a listing contract entered into by the parties, and therefore, Dairyland is not entitled to retain the commission paid by Bushman after the successful sale of Bushman’s land. Bushman’s argument on appeal is that the circuit court erred by determining that Dairyland is entitled to retain the commission because Dairyland did not perform under a strict construction of the listing contract. For the reasons that follow, we reject this argument and affirm.