(DOWNLOAD) "Capwin 19" by State of Wisconsin in Court of Appeals District IV # eBook PDF Kindle ePub Free
eBook details
- Title: Capwin 19
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 13, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
¶1 Capwin 19, LLC, appeals from an order granting summary judgment to Michael Zingg and Parsons Investments, LLC in Capwin's action against Zingg and Parsons for breach of contract. Capwin contends that the trial court erroneously granted summary judgment to Zingg and Parsons based on their affirmative defense that Capwin anticipatorily breached the contract for the sale of land from Capwin to Parsons prior to the closing date. Capwin argues that summary judgment was inappropriate because there were disputed issues of material fact as to (1) the parties' intent as to contested provisions in the contract; (2) whether Capwin clearly expressed to Parsons that it would not close under the contract absent its proposed contract modifications; and (3) whether Parsons breached its duty to use diligent efforts to bring the transaction to a timely closing. Capwin argues alternatively that it is entitled to summary judgment on these issues based on the undisputed facts in the record. We conclude that the record reveals that there are alternative reasonable inferences to be drawn from undisputed facts, preventing summary judgment. We therefore reverse and remand for trial.