Ash Park, LLC v. Alexander & Bishop, Ltd.

783 N.W.2d 294, 324 Wis. 2d 703 (2010)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Ash Park, LLC v. Alexander & Bishop, Ltd.

Wisconsin Supreme Court
783 N.W.2d 294, 324 Wis. 2d 703 (2010)

Facts

Alexander & Bishop, Ltd. (Alexander) (defendant) contracted to purchase land from Ash Park, LLC (plaintiff) to develop into a shopping mall. The contract contained a clause allowing either party to sue for specific performance if the other party breached. Alexander lost its anchor tenant for the mall and decided not to go through with the sale. Ash Park sued for an order forcing Alexander to buy the land. The trial court found that Alexander had breached the contract. Without finding that legal damages would be inadequate, the trial court awarded specific performance and ordered Alexander to purchase the land. The appellate court affirmed. In the Wisconsin Supreme Court, Alexander argued that either (1) Wisconsin law required a finding that legal damages were inadequate before a court could order specific performance of any contract or else (2) Wisconsin law should be changed to include this requirement. For the first time, Alexander also argued that it would be impossible to get financing to buy the land without an anchor tenant.

Rule of Law

Issue

Holding and Reasoning (Bradley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms