By: WISCONSIN LAW JOURNAL STAFF//August 21, 2012//
Contracts — Personal guarantees — reformation
The Mark S. Glazer and Barbara E. Glazer Trust, Victor Glazer and Adam Glazer (collectively, “the Glazers”) appeal a circuit court order granting summary judgment in favor of David I. Florsheim. The Glazers contend that the circuit court erroneously concluded that Florsheim did not personally guarantee the repayment of loans granted from the Glazers to Ruvin Development, Inc. (“RDI”). We conclude that the promissory note at issue (“the 2008 Note”) does not make Florsheim a Payor or a personal guarantor of the loans to RDI. Because we also conclude that there is no evidence in the record supporting a finding of disputed material facts as to whether there was a mutual mistake necessary to permit a court to reform the existing contract, we affirm the circuit court.
Affirmed.
Not recommended for publication in the official reports.
2011AP1203 Glazer v. Florsheim
Dist. I, Milwaukee County, Cooper, J., Kessler, J.