Legal Question in Civil Litigation in Wisconsin
Neighbor wanted to install a playlet, homeowners told him I had to approve. I did in exchange for him hiding it with landscaping which he agreed to in an email, I stated what I wanted and he agreed and we let him install the playlet last fall. He was supposed to install trees this spring. Now he says he won't do it. Did he breach a contract since we have agreement in email? I provided him a benefit in return for him putting in landscape. Ugly playlet and I would not have approved if he would not install trees.. Can I sue and where can I do it? Thank you
1 Answer from Attorneys
While I do not know what a playlet is, if you want to hide it from view, spending your money to on landscaping might be a better investment than a lawsuit, or at least more of a sure thing, since any lawsuit can potentially be lost. As the old saying goes, contracts are worth no more than the paper that they are written on, and yours, based only upon an email, may or may not stand up. Contracts regarding real estate conveyances in WI must satisfy a law known as the "statute of frauds," requiring them not only to be in writing, but also to have notarized signatures and a legal description, all in a format which can be recorded with the register of needs On the other hand, this obligation may not cost enough to trigger the statute of frauds, meaning that your email contract might stand up. Then, however, you need to decide whether the smaller cost of paying for the landscaping yourself is worth the time, stress and cash which you would need to risk in a lawsuit. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials.
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