CONV. STORE LEASING v. ANNAPURNA MARKETING

Appeal No. 2017AP1505.

933 N.W.2d 110 (2019)

2019 WI App 40

CONVENIENCE STORE LEASING AND MANAGEMENT, Plaintiff, Bulk Petroleum Corporation, Plaintiff-Appellant, v. ANNAPURNA MARKETING, Buddi Sebedi and Basudev Adhikari, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: July 24, 2019.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew W. O'Neill of Fox, O'Neill & Shannon, S.C., of Milwaukee.

On behalf of the defendants-respondents Buddi Sebedi and Annapurna Marketing, the cause was submitted on the brief of Edmund J. Jelinski of Menasha.

On behalf of defendant-respondent Basudev Adhikari, the cause was submitted on the brief of Kyle Borkenhagen of Rohde Dales LLP of Sheboygan.

Before Neubauer, C.J., Gundrum and Hagedorn, JJ.


¶1 This case concerns whether frustration of purpose relieved a party of duties under a contract (as the circuit court held), and whether stipulated damages in that contract were an unreasonable and unenforceable penalty. We reverse.

BACKGROUND

¶2 Annapurna Marketing (AP Marketing) is a real estate holding...

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