SPENSLEY FEEDS v. LIVINGSTON FEED

No. 84-218.

128 Wis.2d 279 (1985)

381 N.W.2d 601

SPENSLEY FEEDS, INC., a domestic corporation, David H. Spensley Steven C. Spensley and Jerri A. Kaus, individually and d/b/a Livingston Farm Supply, Inc., Plaintiffs-Respondents, v. LIVINGSTON FEED & LUMBER, INC., a domestic corporation, and Robert Graber, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 23, 1985.


Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of R. R. Roggensack and Morse & Roggensack of Lancaster.

For the plaintiffs-respondents the cause was submitted on the brief of Gilbert D. Sedor and Sedor, McDonald & Hoag, S.C. of Janesville.

Before Gartzke, P.J., Dykman, J., and Bruce F. Beilfuss. Reverse Judge.


GARTZKE, P.J.

Defendants Robert Graber and Livingston Feed & Lumber, Inc., appeal from a $24,600 judgment in favor of plaintiffs Spensley Feeds, Inc., David and Steven Spendsley and Jerri Kaus. The judgment is on a verdict for damages arising out of defendants' breach of their contract to sell a farm supply business to the plaintiff buyers. We reverse and remand for further proceedings consistent with this opinion.

The result turns on (1) the statute of...

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