2010AP1353 Storck v. Eichmiller

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Contracts
Breach; waiver; estoppel

This is a dispute about whether Paul Eichmiller and Ellen Eichmiller breached a contract to lease farm land to John E. Storck. Storck appeals from the judgment entered after a jury trial in which the jury found that there was a contract but that the Eichmillers did not breach it. The Eichmillers cross-appeal arguing that the evidence did not support the jury’s finding that there was a contract, and the circuit court erred when it would not admit evidence at trial that supported their defenses of waiver or estoppel. We conclude that the jury’s verdicts were inconsistent with each other, and that the circuit court erred when it would not allow the Eichmillers to introduce evidence supporting waiver and estoppel. Consequently, we reverse the judgment of the circuit court and remand the matter for a new trial. This opinion will not be published.

2010AP1353 Storck v. Eichmiller

Dist II, Walworth County, Race, J., Per Curiam

Attorneys: For Appellant: Devitt, Teague D., Whitewater; For Respondent: Grubb, Michael E., Janesville; Olson, Kim M., Janesville

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