Statute of Frauds – Unjust Enrichment

By: Derek Hawkins//February 27, 2018//

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WI Court of Appeals – District I

Case Name: Ronald Collison v. Andrew Wyderka, et al.

Case No.: 2017AP1426

Officials: BRASH, J.

Focus: Statute of Frauds – Unjust Enrichment

Andrew Wyderka appeals from a judgment awarding $2593.00 to Ronald Collison. Ronald had paid the money towards the balance on a credit card belonging to Andrew and Andrew’s former wife, Alissa Collison, who is Ronald’s daughter.

The trial court made this determination based on the theory of unjust enrichment. On appeal, Andrew argues three issues: (1) that the statute of frauds was violated because there was no written agreement regarding repayment to Ronald; (2) that unjust enrichment was not pled in this case, and Wisconsin’s pleading requirements require that Andrew be afforded the opportunity to rebut this claim; and (3) that there is insufficient evidence to support the judgment, in particular the absence of a signed agreement regarding repayment to Ronald. We 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.

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