(Download) "Drew C. Noll v. Dimiceli's" by Court of Appeals of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: Drew C. Noll v. Dimiceli's
- Author : Court of Appeals of Wisconsin
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Dimiceli's, Inc., (Dimiceli's) appeals from a judgment entered November 26, 1982, wherein the trial court awarded Drew C. Noll (Noll) $9,565.99 as damages. On appeal Dimiceli's argues that the trial court made the following errors: (1) finding that Michael Volpe (Volpe) was the agent of Dimiceli's; (2) granting damages based on the theory of quantum meruit ; and (3) awarding Noll interest on the judgment at the rate of seven percent from May 1, 1980, to November 26, 1982, the date the judgment was entered. Because we conclude that the trial court's finding that Volpe was Dimiceli's agent is not clearly erroneous, we affirm issues one and two; however, because the legal rate of prejudgment interest is only five percent, we modify that part of the judgment awarding Noll interest at the rate of seven percent from May 1, 1980, to November 26, 1982. On August 11, 1977, Noll met Volpe at the Talk of the Town tavern. At this meeting, Volpe informed Noll that he was managing the tavern for Dimiceli's. Volpe told Noll that he needed some money for remodeling work and was looking for someone to do it. Noll advised Volpe that he was available to do the work. An agreement was reached wherein Noll invested $5,000 in return for twenty percent of the net profits of the tavern. Noll did the remodeling work, but never received any of the profits of business nor a return of his $5,000 investment. Further facts will be discussed as are necessary for the resolutions of the issues.
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