Contracts – breach — intentional misrepresentation — statute of limitations

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Wisconsin Court of Appeals

Civil

Contracts – breach — intentional misrepresentation — statute of limitations

This appeal concerns an agreement between two trucking companies, Jahn Transfer and Horizon (H&S) Freightways. The companies ship goods for customers along different routes. Under the agreement, Horizon could use Jahn to ship to locations not otherwise serviced by Horizon, and vice versa. When one company shipped for the other, the parties agreed to split the customer payments according to set percentages. After operating this way for over a decade, Jahn sued Horizon, alleging that Horizon had been improperly taking a cut off the top of customer payments before splitting those payments with Jahn. Jahn brought a claim for breach of contract and a tort claim for intentional misrepresentation. A jury returned a verdict in favor of Jahn on both claims, and awarded damages.

The circuit court denied Horizon’s post-verdict motions challenging the verdict. Horizon appeals, arguing, among other things, that the claims are barred by statutes of limitations and that there was insufficient evidence of intent for the tort claim. We disagree, and affirm the circuit court. Not recommended for publication in the official reports.

2011AP1560 Jahn Transfer Inc. v. Horizon (H&S) Freightways Inc., et al.

Dist IV, La Crosse County, Bjerke, J., Lundsten, P.J.

Attorneys: For Appellant: Cahill, Terence P., Oconomowoc; Hanan, Beth E., Milwaukee; For Respondent: Harris, Dawn Marie, La Crosse