Contracts — statute of limitations

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Wisconsin Court of Appeals

Civil

Contracts — statute of limitations — discovery rule

In 1980, Martin and Joann Tadisch orally agreed to transfer their farm to their son, James, if he stayed and worked on the farm after his high school graduation. The trial court found that the breach occurred in 2000, but went undiscovered until 2009 or 2010, when Martin told James he was going to sell the farm to a third party. On appeal, the Tadisches’ sole argument is that, given the court’s finding of a breach in 2000, James’ claim is barred by the six-year contract statute of limitations contained in Wis. Stat. § 893.43.

We conclude the circuit court erred by applying the “discovery rule,” which is inapplicable to toll the statute of limitations in contract actions. Nonetheless, we independently conclude the breach first occurred in May 2009, when James was told that the farm would be sold to a third party. Consequently, James’ action, which was commenced on Sept. 17, 2010, was timely. This opinion will not be published.

2012AP2576 Tadisch v. Tadisch, et al.

Dist III, Kewaunee County, Mleziva, J., Per Curiam

Attorneys: For Appellant: Conway, James O., Sheboygan; Grens, Paul J., Manitowoc; Cirillo, Corrado, Sheboygan; McKinley, Joshua Dean, Sheboygan; For Respondent: Olson, John O., Lake Geneva; Thelen, Martha Jane, Lake Geneva