Contract Enforceability

By: Derek Hawkins//July 15, 2015//

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Civil

Supreme Court of Wisconsin

Contract Enforceability

2013-AP-1532 Ash Park, LLC v. Alexander & Bishop, Ltd.

An “enforceable” contract exists when there is a remedy available for a breach for such a contract.

“A remedy is indisputably available for a breach of the purchase contract between Ash Park and Alexander & Bishop. Indeed, Ash Park has already obtained the remedy of specific performance for Alexander & Bishop’s breach. In response to the sole issue presented for our review, we therefore conclude that the purchase contract between Ash Park and Alexander & Bishop constitutes an “enforceable contract” within the meaning of the listing contract between Ash Park and Re/Max. Re/Max is entitled to a broker’s commission from Ash Park even though Alexander & Bishop breached the purchase contract and the sale was never consummated.”

Affirmed

SHIRLEY S. ABRAHAMSON, J

Concurring: ROGGENSACK, C. J. concurs (Opinion filed)

Not Participating: PROSSER, J.

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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