Breach of Contract

By: Derek Hawkins//April 5, 2018//

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WI Court of Appeals – District III

Case Name: Lake Altoona Rehabilitation and Protection District v. Arvid Jereczek, et al.

Case No.: 2016AP2165

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Breach of Contract

Lake Altoona Rehabilitation and Protection District (the Lake District) appeals a judgment dismissing its breach of contract claim against Arvid Jereczek and Stephen Hilger (collectively, Jereczek). The Lake District argues the circuit court erred by determining: (1) Jereczek’s failure to give written notice of termination of the contract was the relevant breach, rather than Jereczek’s failure to make payments according to the terms of the contract, and this breach was not actionable; and (2) the Lake District’s claim was barred by the frustration of purpose doctrine. We agree, and remand for the circuit court to enter judgment in favor of the Lake District for damages due under the contract.

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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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