Breach of Contract – Damages

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Civil

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge.

Breach of Contract – Damages

2014AP2492 Don Frazier v. CJB Rentals, LLC

Don Frazier appeals judgments and an order granting CJB Rentals, LLC, strict foreclosure on a land contract and awarding $1 nominal damages to Frazier in his breach of contract action against CJB Rentals and Christopher J. Bauer. After a trial to the court, the circuit court initially ruled in Frazier’s favor on the breach of contract action and set the matter for further proceedings to establish Frazier’s damages. On reconsideration, the court concluded it lacked authority to bifurcate liability and damages under WIS. STAT. § 805.05(2) (2013-14). Concluding Frazier failed to prove damages, the court awarded Frazier nominal damages and granted strict foreclosure on the land contract. Because we conclude Frazier adequately proved damages and, to prevent Bauer’s unjust enrichment, should have been awarded title to the property, we reverse the judgments and order and remand the matter with directions.

Decision

Reversed and Remanded. Per Curiam.

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Attorney Derek A. Hawkins is the managing partner 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.