[Download] "Herman J. Herkert v. Robert Stauber" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free

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eBook details

• Title: Herman J. Herkert v. Robert Stauber
• Author : Supreme Court of Wisconsin
• Release Date : January 26, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This is a review of a decision of the court of appeals affirming a judgment of the circuit court for Dane county, WILLIAM F. EICH presiding. The judgment awarded Herman J. Herkert, the plaintiff-respondent, $50,400 in a breach of a contract action concerning a certain contract between himself and Mazer-Stauber Associates, P.C., defendants-appellants-petitioners, for the construction of housing units for the elderly. After trial, the jury returned a verdict finding that Mazer-Stauber Associates, P.C., and Guardian Corporation breached the contract with respect to their obligation to secure approval from the Farmers Home Administration (FmHA) for financing and awarding damages of $7,500. In a memorandum decision on motions after verdict, the trial court increased the $7,500 damage figure to $50,400 holding that these damages were proven as a matter of law and entered judgment against the defendants, both corporate and individual. The defendants appealed alleging three errors, the trial courts refusal to instruct the jury concerning frustration of purpose; the determination of damages as a matter of law; and the entry of judgment against the individual defendants. The appellate court affirmed holding that the defendants failure to raise their arguments with respect to the frustration of purpose instruction and the determination of individual liability before the trial court constituted a waiver of their right to raise these issues on appeal. Further, the appellate court approved the trial courts increase of the damage award as a matter of law.

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