Warehouse Specialists
712 N.W.2d 87, 290 Wis.2d 512, 2006 WI App 56, 2006.WI.0000237
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Publisher Description
1 This is a review of a summary judgment dismissing a complaint for breach of contract against Therm-All, Inc. on the grounds that the action was commenced after the six-year statute of limitations pursuant to WIS. STAT.§ 893.43 (2003-04). Warehouse Specialists, Inc. and VHE II-1, LLC appeal this judgment. They rely on WIS. STAT.§ 893.45,which allows an extension of the statute of limitations for contract actions if the allegedly breaching party made a new and unqualified promise to perform the contract. We agree, however, with the trial court that Therm-All, Inc. did not make a new and unqualified promise to perform based on the undisputed facts before the court. We affirm.