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Contracts — parol evidence — attorney testimony

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2011//

Contracts — parol evidence — attorney testimony

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2011//

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Wisconsin Court of Appeals

Civil

Contracts — parol evidence — attorney testimony

Discount Mega Mall Milwaukee Corporation d/b/a Megaquest and Craig Kuper (collectively, “the appellants”) appeal a judgment and an order of the circuit court dismissing their action for declaratory judgment to determine the rights of Badger Auctioneers, Inc. to $160,000, the amount Badger Auctioneers maintains it was entitled to retain from funds it held in escrow as its buyer’s fee pursuant to an auction agreement between it and the appellants. The appellants contend Badger Auctioneers is not entitled to the $160,000 because, under the terms of their agreement, Badger Auctioneers was obligated to collect its buyer’s fee from escrow money deposited with it on the day of the auction and it failed to do so. The appellants also contend that the circuit court erroneously exercised its discretion by refusing to allow Kuper’s attorney to testify at trial. We affirm. Not recommended for publication in the official reports.

2010AP1396 Discount Mega Mall Milwaukee Corporation v. Badger Auctioneers Inc.

Dist I, Milwaukee County, Moroney, J., Sherman, J.

Attorneys: For Appellant: Tolkan, Howard B., Milwaukee; For Respondent: Vanderloop, Jeremy, Mayville

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