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Contracts Keyed to Templin
In re Estate of Sheppard
Citation:
2010 WI App 105, 327 Wis. 2d 223, 786 N.W.2d 442Facts
On April 11, 2007, James F. Sheppard and Thomas S. Ryan entered into a two-year agreement for flight instruction services, with Sheppard agreeing to pay Ryan $35,000 per year plus expenses from January 1, 2008, to January 1, 2010, for services as his “personal instructor and pilot in command.” The parties had known each other since the late 1970s, and Sheppard had previously received flight instruction from Ryan. On July 2, 2007, before any flight instruction related to the agreement had taken place, Sheppard died. Ryan subsequently filed a claim against Sheppard’s estate for $105,000 for future services under their agreement. The Estate moved for summary judgment, arguing that Sheppard’s death made the agreement unenforceable due to frustration of its main purpose.
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