Breach of Contract – Issue of Material Fact

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WI Court of Appeals – District IV

Case Name: JBCB, LLC, v. McKenna Berry Company, LLC,

Case No.: 2016AP2208

Officials: Lundsten, P.J., Sherman and Fitzpatrick, JJ.

Focus: Breach of Contract – Issue of Material Fact

In 2008, JBCB, LLC purchased real estate from McKenna Berry Company, LLC. Seven years later, JBCB sued McKenna alleging that: (1) McKenna breached an agreement by failing to transfer to JBCB rights in a flowage easement at the time of the real estate purchase; (2) under theories of unjust enrichment or implied contract, McKenna owes JBCB monetary compensation for sand JBCB owned which was removed and used by McKenna; and (3) a Warranty Deed conveyed by McKenna was defective because the person who signed the Warranty Deed from McKenna to JBCB signed in his personal capacity only and not on behalf of McKenna.

The circuit court granted summary judgment to McKenna on the first and second claims, the flowage easement and sand disputes, and dismissed those claims. The circuit court did not resolve the third claim, JBCB’s claim of a defective deed. Nonetheless, the circuit court’s order also dismissed that claim. JBCB appeals and asserts there are genuine issues of material fact which preclude summary judgment on the flowage easement and sand claims. We disagree and affirm the decision of the circuit court on those claims. As to the validity of the Warranty Deed, McKenna joins JBCB in asking that we decide the issue, even though the circuit court did not. We decline to do so, reverse the circuit court’s dismissal of that claim, and remand to the circuit court for further proceedings

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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.