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Breach of Contract – Damages

By: Derek Hawkins//July 23, 2018//

Breach of Contract – Damages

By: Derek Hawkins//July 23, 2018//

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WI Court of Appeals – District III

Case Name: RREF II BHB-WI SKI, LLC v. S&K, Inc.,

Case No.: 2017AP410

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

Focus: Breach of Contract – Damages

S & K, Inc., f/k/a Singh Restaurant Operations, Inc. (“S & K”), and its principal, Surinder Manak, appeal a joint and several money judgment against them and in favor of U.S. Venture, Inc. f/k/a U.S. Oil Co., Inc. (“U.S. Venture”), in the amount of $92,866.55. The circuit court granted summary judgment on U.S. Venture’s claims against S & K for breach of a retail supply agreement guaranteeing the annual purchase of a minimum amount of fuel, and against Manak for breach of a personal guaranty for all amounts due under that agreement. We reject S & K and Manak’s argument that U.S. Venture’s agreement was with a business entity distinct from S & K, as well as its argument that a genuine issue of material fact remained as to the amount of contractual damages to which U.S. Venture was entitled. We therefore 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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