Estate – Contract Enforceability

By: Derek Hawkins//April 7, 2020//

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WI Court of Appeals – District II

Case Name: Dr. Alfred M. Habel v. Estate of Alfred John Capelli

Case No.: 2019AP314; 2019AP315

Officials: Neubauer, C.J., Gundrum and Davis, JJ.

Focus: Estate – Contract Enforceability

Dr. Alfred M. Habel appeals from a judgment and an order in favor of the Estate of Dr. Alfred John Capelli and his widow, Julie Capelli (collectively “the Estate”). The dispute is whether an alleged contract between Capelli and Habel, under which Habel could sell Capelli’s sports memorabilia collection for a commission after Capelli’s death, is enforceable. We conclude that because Habel can choose whether or not to perform under the contract, his promise is illusory and lacks consideration, thereby rendering the contract unenforceable. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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