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DAUGHTRY v. MPC SYSTEMS, INC.

No. 02-2424.

272 Wis. 2d 260 (2004)

2004 WI App 70

679 N.W.2d 808

James H. Daughtry d/b/a La Quinta Mortgage, James H. Daughtry, as Attorney in Fact for Steve Welty and Associates, Roberta Fleming, Donald J. Troy, Sharron Troy, Dolores E. Thompson, Geraldine B. Smith, Harold Armburst, Chang Family Trust of 1995, Robert J. McDonald, Susan J. McDonald, Gurley 1980 Family Trust, Patricia A. Maietta, Santo LaFerrara, Carole R. Otto, William Hall, Phyllis Hall and Holmes Family Trust, Plaintiffs-Appellants, v. MPC Systems, Inc., MPC Development LLC, 400 Main Street Partners LLC, James C. Harlan III and Ian R. Waddell, Defendants-Co-Appellants, Brack Thermal System, Inc., United Building Centers, United States Fire Protection/Wisconsin, Inc., Daniel W. Parmenter, State of Wisconsin Department of Workforce Development, and Doerflinger Condominium Association, Inc., Defendants, City of La Crosse, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 18, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas M. Pyper and Jeanne M. Armstrong of Whyte Hirschboeck Dudek S.C., Madison.

On behalf of the defendants-co-appellants, the cause was submitted on the briefs of William G. Skemp of William Skemp Law Firm, S.C., La Crosse, and Phillip B. Greer of Newport Beach, California.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Patrick J. Houlihan, City Attorney, and Pamela A. Captain, Assistant City Attorney, for the City of La Crosse.

Before Deininger, P.J., Vergeront and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

A developer, MPC, entered into a contract with the City of La Crosse to purchase and renovate a building. MPC acquired financing from La Quinta.1 When MPC failed to complete renovations on time, the City sought to exercise a contract clause giving it the right to buy back the building. MPC disputed the City's allegation that MPC was responsible for delays. During this...

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