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Contracts Keyed to Templin
Volvo Trucks North America v. Wisconsin Department of Transportation
Citation:
779 NW 2d 423, 2010 WI 15, 323 Wis.2d 294 (Wis. 2010)Facts
In 2001, Wausau Truck Center decided to sell its Volvo dealership and focus exclusively on Peterbilt trucks. The company implemented a “Volvo Elimination Plan” that included changing its business name to “Peterbilt Wisconsin — Wausau,” not using the Volvo logo on business cards, attempting to convert Volvo customers to Peterbilt, giving Volvo quotes only upon request, requiring all Volvo quotes be accompanied by Peterbilt quotes, and focusing marketing efforts on Peterbilt. By the end of 2002, Wausau Truck claimed it had decided not to sell its Volvo franchise and ended measures to shift customers to Peterbilt. In May 2003, Volvo sent a notice of breach to Wausau Truck, giving it until December 31, 2003, to cure the breach. Wausau Truck took several actions to demonstrate its recommitment to Volvo, including sending postcards to Volvo customers, participating in Volvo sales programs, conducting demonstrations of new Volvo models, using the name “Wausau Truck Center” when dealing with Volvo customers, ending its policy of requiring Peterbilt quotes with every Volvo quote, attempting to hire a dedicated Volvo sales representative, re-establishing contact with important Volvo customers, and increasing its Volvo quote activity. Dissatisfied with these actions, Volvo issued a termination notice on January 30, 2004.
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