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Tag Archives: Contracts

Contracts, Unjust enrichment

Contracts Unjust enrichment Midwestern Roofing & Construction, Inc., pro se, appeals from a judgment entered after the trial court found Burkhart Construction Corporation of Milwaukee entitled to summary judgment on its unjust enrichment claim. For the reasons which follow, we affirm. This opinion will not be published. 2011AP1321 Burkhart Construction Corp. of Milwaukee v. Midwestern Roofing & Construction, Inc. Dist. ...

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2010AP2640 Geiger v. Hanneman, et al.

Contracts Statute of limitations Gerard and Kelly Geiger appeal a summary judgment dismissing their negligence claim against Coleman Engineering Company and awarding Coleman attorney fees and litigation expenses. The circuit court concluded the Geigers’ suit was untimely because they did not make their claim within the time period required by their contract with Coleman. The Geigers argue the circuit court ...

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10-2600 & 10-3571 Matthews v. Wisconsin Energy Corp., Inc.

Contracts Fee-shifting provisions Inability to pay is not a defense to an award of attorney fees, where the contract contained a fee-shifting provision. “Matthews argues that the award of attorney’s fees was inequitable because she made a good faith claim, and she cannot afford to pay the fees. But, as the district judge noted, the fee-shifting provision of the Agreement ...

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2010AP33 Mette v. Ironbar LLC

Contracts Breach; specific performance Kenneth Mette, pro se, appeals from a judgment dismissing his specific performance and breach of contract claims against The Ironbar, L.L.C., and declaring that Mette has no interest in the property located at 1301 Milwaukee Avenue in South Milwaukee (hereafter, “the property”). Mette argues that it was Ironbar, and not Mette, who breached the contract and, ...

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2010AP1140 First Weber Group Northern Wisconsin, LLC, v Guyant

Contracts Real estate commissions Where a home seller had contact with the buyer before the broker’s contract expired, the broker is entitled to a commission although the sale occurred after expiration. “[W]e conclude that Bushman did discuss with the Guyants ‘potential terms upon which [she] might acquire an interest in [their] Property’ when they discussed Bushman’s desire not to have ...

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2010AP1049 Walter & Son Waste Haulers LLC v. Phenco LLC, et al.

Contracts Fee-shifting Walter & Son Waste Haulers, LLC, appeals from a judgment for damages and an award of attorney’s fees and costs. Walter argues that the circuit court erred when it did not amend the jury’s verdict, that the evidence at trial was insufficient to support the jury’s verdict, that the circuit court erred when it gave one special verdict ...

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2010AP2457 Cardiovascular Associates of Northern WI, SC v. Young

Contracts Equitable estoppel Richard and Marilyn Young appeal a small claims judgment awarded to Cardiovascular Associates of Northern WI, SC, for the cost of medical services rendered to Richard. The Youngs argue the circuit court erred by granting the judgment because Cardiovascular Associates is equitably estopped from seeking payment from them. We disagree and affirm. This opinion will not be ...

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