Case Summary:
The Defendant answered and separately moved to dismiss the adversary proceeding to enforce a contract because Plaintiff failed to allege a writing which satisfied the statute of frauds. Plaintiff contracted with the Defendant to promote and hold trade shows. Plaintiff's complaint alleges that it entered into a licensing agreement with Defendant for use of the venue for the years 2003 to 2012 and Defendant refused to honor the contract. Plaintiff alleges that it paid consideration to defendant for the years 2003 to 2006. Plaintiff requests that Defendant be enjoined from honoring any other leases it may have made and honor Plaintiff's alleged contract. It was determined that Plaintiff can prove sufficient facts to support claims that they are entitled to relief. Defendant's motion to dismiss is denied.
Statute/Rule References:
Fed. R. Civ. P. 56(c)
Wis. Stat. § 241.02(1)(a)
Key Terms:
Summary Judgment
Contract