Breach of Contract and Enrichment Claim.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: The Gage Corporation, Int., et al. Tamareed Company

Case No.: 2017AP881

Officials: Sherman, Blanchard, and Fitzpatrick, JJ.

Focus: Breach of Contract and Enrichment Claim

This is a contract dispute involving, on one side, a sales representative, Tamareed Company, and on the other, two manufacturers, The Gage Corporation, Int., and Mid-City Steel, Inc. Tamareed contends that Gage/Mid-City owes Tamareed approximately $1.2 million as a commission payment. This contention is based on Tamareed's position that it fulfilled its contractual obligation to assist Gage/Mid-City in securing a contract to sell an architectural feature for a building project in Saudi Arabia. After the Saudi building project deal collapsed, Gage/Mid-City refused to pay Tamareed the $1.2 million commission it sought. This litigation followed.

Addressing summary judgment motions, the circuit court determined that Tamareed and Gage/Mid-City formed a contract through a series of letters and email messages. The court also determined, however, that this contract was ambiguous on the issue of what circumstances would trigger Tamareed's entitlement to a commission, creating a jury issue. At trial, a jury found in Gage/Mid-City's favor that Tamareed was not entitled to a commission. Based on those verdicts, the jury did not reach questions about the amount of commission owed or the potential for exemplary damages.

On appeal, Tamareed argues that the circuit court: (1) erred in concluding that the contract...