02-1627 H.T. Hackney Company v. National Petroleum Inc., et al.

By: dmc-admin//April 7, 2003//

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National Petroleum Inc., and Yogi Bhardwaj appeal from a money judgment in favor H.T. Hackney Company for goods and services delivered to gas stations affiliated with National. National argues that it was not a party to the sales agreement with Hackney and that Hackney failed to meet its burden of proving that National actually received or was invoiced for the unpaid goods and services. We conclude that the circuit court’s findings that National was a party to the agreement and that a change in business name did not negate the agreement are not clearly erroneous.

We affirm the judgment but deny Hackney’s motion for an award of costs and attorney’s fees for a frivolous appeal.

This opinion will not be published.

Dist II, Kenosha County, Warren, J., Per Curiam

Attorneys:

For Appellant: Owen Thomas Armstrong Jr., Milwaukee; David G. Kingstad, Greenfield

For Respondent: John V. O’Connor, Kenosha

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