01-3456 Palmer Johnson Inc. v. Best Car Co. Inc.

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Best Car Co. Inc., and Lon J. Neuville appeal from a summary judgment in favor of Palmer Johnson Inc. Palmer Johnson began this action to collect its commission on the sale of a yacht owned by Best Car. Best Car, acting through Neuville, entered into an exclusive listing agreement with Palmer Johnson to sell the yacht.

Neuville had previously listed the yacht with another broker and the sales agreement with that broker was still in effect when Neuville contracted with Palmer Johnson. Soon after Neuville listed the yacht with Palmer Johnson, the first broker sold the yacht. Palmer Johnson sought to recover its commission under the terms of the exclusive listing agreement. After determining it had jurisdiction over Best Car and Neuville, the circuit court granted Palmer Johnson’s summary judgment motion, awarding it a commission of $37,693.40.

On appeal, Neuville and Best Car challenge the court’s finding of jurisdiction, its choice of law to resolve the dispute and its grant of summary judgment to Palmer Johnson. We determine the court properly found jurisdiction over Neuville and Best Car and correctly granted summary judgment to Palmer Johnson.

We therefore affirm the trial court’s judgment.

Not recommended for publication in the official reports.

Dist III, Door County, Diltz, J., Cane, C.J.

Attorneys:

For Appellant: James O. Ebbeson, Sturgeon Bay

For Respondent: Jon Robert Pinkert, Sturgeon Bay