Breach of Lease Agreement – Damages

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WI Court of Appeals – District IV

Case Name: Darlene Susan Hosto v. John Rebhan et al

Case No.: 2014AP1685

Officials: Kloppenburg, P.J., Higginbotham and Blanchard, JJ

Focus: Breach of Lease Agreement – Damages

This appeal arises out of the termination of a written lease to use farm property entered into by Darlene Hosto, the property owner, and John and Paula Rebhan. Rebhan entered into a three-year written lease with Hosto for the use of several buildings on her farm, including livestock pens where Rebhan held cattle, and land on which Rebhan grew alfalfa and corn. The circuit court found that the parties extended the written lease for another three years by way of an oral agreement, to commence on January 1, 2011. Hosto terminated the written lease in September 2010, to be effective on December 31, 2010, in keeping with the terms of the written lease. Rebhan sued Hosto for breach of the oral lease and Hosto sued Rebhan for breach of the written lease. A trial was held to the circuit court, which awarded damages to both parties. Only Hosto appeals. Hosto challenges the circuit court’s judgment awarding damages to Rebhan and the dismissal of Hosto’s claim for lost rental profits for livestock pens she leased to Rebhan. Hosto argues that Rebhan is not entitled to recover any damages, that the court erred in denying her claim for lost rent on use of the livestock pens, and that the damages awarded to Rebhan are not supported by the record. For the reasons that follow, we reject Hosto’s arguments and affirm.

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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.