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eBook details

• Title: Garon Industries International
• Author : State of Wisconsin in Court of Appeals District III
• Release Date : January 24, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

1. Kelley Supply, Inc., appeals a judgment awarding Garon Industries International, Inc., $17,251.41 plus interest and costs as payment for vegetables Garon shipped to Kelley. At the time this action was filed, Kelley had commenced another action against Garon and its officers alleging a violation of the Wisconsin Fair Dealership Law, defamation and tortious interference with contracts. In the other action, Garon counterclaimed alleging fraud, misrepresentation, conversion, unfair trade practices, trade secret and copyright violations, false advertising and breach of contract. Kelley argues that (1) the trial court should have dismissed this collection action under Wis. Stat. 802.06(2)(a)10 because of the other pending action; (2) the trial court improperly exercised its discretion when it refused to consolidate the actions; (3) Garons claim should have been dismissed because Garon failed to provide Kelley with a notice of default as required in the contract; and (4) the summary judgment was based on an incorrect assertion that Kelley admitted it owed Garon under the invoices and the trial court erroneously refused to consider Kelleys affirmative defenses of setoff and/or recoupment. We reject these arguments and affirm the judgment.

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