SELMER CO. v. RINN

No. 2009AP1353.

789 N.W.2d 621 (2010)

2010 WI App 106

The SELMER COMPANY, Petitioner-Respondent, v. Timothy RINN and Ganther Construction, Inc., Respondents-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed July 13, 2010.


Attorney(s) appearing for the Case

On behalf of the respondents-appellants, the cause was submitted on the briefs of Charles J. Hertel and Daniel J. Posanski of Dempsey, Williamson, Kelly & Hertel, LLP, Oshkosh.

On behalf of the petitioner-respondent, the cause was submitted on the brief of William E. McCardell , Mindy J. Rowland and Sara E. Spiering of DeWitt Ross & Stevens S.C., Madison.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.


BRUNNER, J.

¶ 1 Timothy Rinn and Ganther Construction, Inc. (Ganther), appeal from a judgment awarding The Selmer Company damages for breach of a covenant not to compete contained in a stock option agreement Rinn signed while employed with Selmer. Rinn and Ganther argue: (1) the covenant is an unreasonable trade restraint and invalid under WIS. STAT. § 103.465; (2) Selmer failed to prove its damages by a reasonable certainty and with credible evidence; ...

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