SKEBBA v. KASCH

No. 2005AP2349.

724 N.W.2d 408 (2006)

2006 WI App 232

William SKEBBA, Plaintiff-Appellant, v. Jeffrey C. KASCH, d/b/a M.W. Kasch Co., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 24, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Kelly M. Dodd and Daniel J. Miske of Petrie & Stocking, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Franklyn M. Gimbel and Kathryn A. Keppel of Gimbel, Reilly, Guerin & Brown of Milwaukee.

Before WEDEMEYER, P.J., KESSLER, BROWN, JJ.


¶ 1 KESSLER, J.

We conclude that the trial court misinterpreted Hoffman v. Red Owl Stores, 26 Wis.2d 683, 133 N.W.2d 267 (1965) when it determined that under the holding of that case, it could not specifically enforce the promise which the jury found that Jeffrey Kasch had made, and on which the jury found that William Skebba had relied. On the facts in this case, specific performance of the promise is the only remedy...

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