Thomas G. Bush v. National School Studios
1987.WI.273, 407 N.W.2D 883, 139 WIS. 2D 635
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Publisher Description
National School Studios, Inc. (National) seeks review of a published decision of the court of appeals, Bush v. National School Studios, 131 Wis. 2d 435, 389 N.W.2d 49 (Ct. App. 1986), which held that Thomas G. Bush (Bush), is a "dealer" under the Wisconsin Fair Dealership Law (WFDL), and is therefore entitled to its protections, notwithstanding a clause in the agreement between the parties specifying that Minnesota law governed the contract. We conclude that because Bush was contractually granted a right to sell Nationals services and shared a community of interest with National, he is a dealer as defined by the WFDL. We further conclude that because the WFDL embodies a strong state public policy, parties cannot avoid it by including a contrary choice of law provision in their contract. Accordingly, we affirm the decision of the court of appeals.