In Sklenar v. Bennett & Roelofs Estate Sales (2019AP1717), the court affirms a small claims court decision finding that Sklenar was not entitled to the amount she originally paid for items when she hired someone to re-sell those items.

Facts

Sklenar hired B&R to sell multiple items for her. B&R sold most of the items on eBay to the highest bidder, and sold the car to a local used care dealership. B&R claims that their was an oral agreement for a 25% commission for each item sold by B&R. Sklenar argued that 1.) she deserved to recoup the entire investment she made in all of the items and 2.) that the oral agreement between her and B&R wasn’t legal under Wis. Stat. § 402.201. The circuit court ruled against her and she appealed.

Decision

The Court of Appeals affirmed the circuit courts decision. They found that there is no reason to expect to recoup full value when re-selling an item. Additionally, they found that § 402.201 does not apply because the agreement between Sklenar and B&R wasn’t a sale of goods.