12/20/96 Management Computer Services V. Hawkins
Supreme Court of Wisconsin
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N. PATRICK CROOKS, J. Management Computer Services, Inc. ("MCS") seeks review of a published decision of the court of appeals, *fn1 which affirmed in part and reversed in part a judgment of the circuit court for La Crosse County, the Honorable Robert W. Radcliffe presiding. In particular, the court of appeals held the following: (1) the circuit court correctly entered judgment notwithstanding the verdict ("JNOV") on the breach of contract claim and counterclaim, because the contract is too indefinite to enforce; (2) the circuit court erroneously changed the jury answer to reduce the conversion award against Hawkins, Ash, Baptie & Company ("HABCO") *fn2 from $65,000 to $62,000, but correctly changed the jury answer to reduce the unjust enrichment award from $1,000,000 to $0 based on lack of sufficient evidence as to damages; (3) the circuit court erroneously ordered a new trial on punitive damages unless MCS accepted a reduced sum of $50,000; instead, the court of appeals set the amount of reasonable punitive damages at $650,000. We conclude, as a matter of law, that the contract at issue is not too indefinite to enforce and that HABCO was not excused from performance by MCS's breach of contract. Therefore, we reverse the court of appeals' decision in part. However, we affirm the court of appeals' decision regarding the claims of conversion and unjust enrichment, and the award of punitive damages.
- Category: Law
- Published: Dec 20, 1996
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 39 Pages
- Language: English