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Home / Case Digests / 00-2180 Industry to Industry, Inc. v. Hillsman Modular Molding, Inc.

00-2180 Industry to Industry, Inc. v. Hillsman Modular Molding, Inc.

Plaintiff corporation had been defendant corporation’s exclusive Wisconsin sales representative for 28 years when defendant terminated the agreement with 90 days’ notice. Defendant did not pay plaintiff commissions for orders submitted during the 90-day period; plaintiff brought this action alleging breach of contract and violation of the Wisconsin Sales Representative’s Act.

The Act defines representatives as “persons;” Wisconsin Stat. sec. 990.01(26) states that “persons” shall be read to include corporations unless inconsistent with the intent of the legislature; the legislature could have used “natural persons” if it meant to exclude corporations; we reverse the partial summary judgment order granted to defendant on plaintiff’s claim under the Act.

Reversed.

Recommended for publication in the official reports.

Dist II, Waukesha County, Kieffer, J., Snyder, J.

Attorneys:

For Appellant: Stephen Fox, Brookfield

For Respondent: David H. Hutchinson, New Berlin


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