Contracts — mitigation of damages

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Wisconsin Court of Appeals

Civil

Contracts — mitigation of damages

Sun-P Enterprises, LLC, filed this action against JBeck Pizza LLC and Jeremy S. Beck alleging breach of a commercial property lease agreement and alleging that Beck personally guaranteed the lease. The circuit court granted Sun-P’s motion for summary judgment against both JBeck Pizza and Beck, and both appeal. Beck contends the circuit court erred in granting summary judgment against him because, he asserts, it is undisputed that he did not personally guarantee the lease, or, alternatively, there are issues of fact whether he personally guaranteed the lease. Both JBeck Pizza and Beck contend that summary judgment is improper because there are disputed issues of fact regarding the reasonableness of Sun-P’s efforts to mitigate its damages.

We agree with the circuit court that, based on the undisputed facts, Beck personally guaranteed JBeck Pizza’s obligations under the lease. However, we do not agree with the circuit court that the issue of the reasonableness of Sun-P’s efforts to mitigate damages is properly resolved on summary judgment. Instead, we conclude that factual disputes require a trial on this issue. Accordingly, we affirm in part, reverse in part, and remand for further proceedings. Not recommended for publication in the official reports.

2011AP841 Sun-P Enterprises LLC v. JBeck Pizza LLC, et al.

Dist IV, Dane County, Smith, J., Vergeront, J.

Attorneys: For Appellant: Winnig, Joel B., Madison; For Respondent: Schwartz, David J.,Madison