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Statute of Frauds Unjust Enrichment.

Byline: Derek Hawkins

WI Court of Appeals District I Case Name: Ronald Collison v. Andrew Wyderka, et al. Case No.: 2017AP1426 Officials: BRASH, J. Focus: Statute of Frauds Unjust Enrichment Andrew Wyderka appeals from a judgment awarding $2593.00 to Ronald Collison. Ronald had paid the money towards the balance on a credit card belonging to Andrew and Andrews former wife, Alissa Collison, who is Ronalds daughter. The trial court made this determination based on the theory of unjust enrichment. On appeal, Andrew argues three issues: (1) that the statute of frauds was violated because there was no written agreement regarding repayment to Ronald; (2) that unjust enrichment was not pled in this case, and Wisconsins pleading requirements require that Andrew be afforded the opportunity to rebut this claim; and (3) that there is insufficient evidence to support the judgment, in particular the absence of a signed agreement regarding repayment to Ronald. We affirm. Full Text [box type="shadow" ] Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firms startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at or contact them at 262-737-25.[/box]

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Publication:Wisconsin Law Journal
Date:Feb 27, 2018
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