2010AP2778 Lambert v. Jonson & Faulkner LLC

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Contracts
Ambiguity; extrinsic evidence

This small claims action arises out of a contract dispute between Kelly Lambert and Jonson & Faulkner, LLC (J&F). Lambert alleges that J&F breached the parties’ construction agreement when it failed to pay him amounts he was owed under the agreement. The circuit court concluded that Lambert had satisfied his obligations under the agreement and that J&F breached the agreement when it failed to pay the amount it owed to Lambert. J&F contends that the circuit court erroneously relied on extrinsic evidence to interpret the unambiguous agreement. We conclude that the agreement is ambiguous, and therefore the circuit court properly considered extrinsic evidence. Accordingly, we affirm. This opinion will not be published.

2010AP2778 Lambert v. Jonson & Faulkner LLC

Dist IV, Monroe County, Goodman, J., Vergeront, P.J.

Attorneys: For Appellant: Quartemont, James A., Tomah; For Respondent: Lambert, Kelly Wayne, pro se

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