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