00-2031 Nekoosa Papers Inc. v. Magnum Timber Corporation, et al.

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This is an appeal from a declaratory judgment in which the trial court determined that an agreement between Nekoosa Papers Inc., and Johnson Timber Corporation, Bayside Timber Corporation, and Magnum Timber Corporation (hereinafter “Johnson Timber”) was unambiguous, permitting the agreement to expire at the end of three years. Johnson Timber argues that the plain terms of the contract support its own interpretation, which would require a minimum of four years’ duration for the contract. Johnson Timber also argues that if we conclude the contract is ambiguous, we must remand the case to the trial court so that extrinsic evidence of the parties’ intent can be considered. We agree with the second argument and conclude that the agreement is ambiguous and that the trial court may consider extrinsic evidence of the parties’ intent. We therefore reverse and remand for further proceedings consistent with this decision. Not recommended for publication in the official reports.

Dist IV, Jackson County, Radcliffe, J., Dykman, P.J.

Attorneys:

For Appellant: Steven P. Means, Madison; Thomas P. Heneghan, Madison

For Respondent: Jon P. Axelrod, Madison; Richard J. Lewandowski, Madison