Nw. Motor Car, Inc. v. Pope, 187 N.W.2d 200 (Wis. 1971). · Go Syfert
Nw. Motor Car, Inc. v. Pope, 187 N.W.2d 200 (Wis. 1971). Cases Citing This Book View Copy Cite
105 citation events (89 in the last 25 years) across 9 distinct courts.
Strongest positive: Young v. Associated Bank, N.A. (ilnd, 2025-05-03)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
cited Cited as authority (rule) Young v. Associated Bank, N.A.
N.D. Ill. · 2025 · confidence medium
Matthews v. Wis. Energy Corp., 534 F.3d 547, 553 (7th Cir. 2008) (citing Northwestern Motor Car, Inc. v. Pope, 51 Wis.2d 292, 296 (1971)).
cited Cited as authority (rule) Gaughan v. New American Funding LLC
E.D. Wis. · 2024 · confidence medium
Motor Car, Inc. v. Pope, 187 N.W.2d 200, 203 (Wis. 1971)).
cited Cited as authority (rule) ND Packaging LLC v. Taiwan Endurance Co Ltd
E.D. Wis. · 2024 · confidence medium
Motor Car, Inc. v. Pope, 187 N.W.2d 200, 202 (Wis. 1971).
cited Cited as authority (rule) Cinco Rios LLC v. Concurrency Inc
E.D. Wis. · 2024 · confidence medium
Ctr., Inc., 907 F.3d 961, 965 (7th Cir. 2018); Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292 , 187 N.W.2d 200, 203 (1971).
discussed Cited as authority (rule) JER Creative Food Concepts, Inc. v. Create a Pack Foods, Inc.
W.D. Wis. · 2024 · confidence medium
Plaintiff’s Claims To state a claim for breach of contract under Wisconsin law, a claimant must prove: “(1) the existence of a contract creating obligations flowing from defendant to plaintiff; (2) a breach of those obligations; and (3) damages from the breach.” Uebelacker v. Paula Car, Inc. v. Pope, 51 Wis. 2d 292 , 187 N.W.2d 200, 203 (1971)).
cited Cited as authority (rule) Ardisam, Inc. v. Spreetail, LLC
W.D. Wis. · 2023 · confidence medium
Wis. 2006) (citing Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 , 187 N.W.2d 200, 203 (1971)).
cited Cited as authority (rule) Romans v. Orange Pelican, LLC
N.D. Ill. · 2023 · confidence medium
Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 , 187 N.W.2d 200, 203 (Wis. 1971)).
cited Cited as authority (rule) Federal Insurance Company v. TDS Metrocom, LLC
D. Idaho · 2022 · confidence medium
Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 (1971); see also Matthews v. Wis. Energy Corp., 534 F.3d 547, 553 (7th Cir. 2008) (applying Wisconsin law).
cited Cited as authority (rule) Bodensteiner, Theodore v. Woodside Ranch, LLC
W.D. Wis. · 2022 · confidence medium
Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 , 187 N.W.2d 200, 203 (1971)).
cited Cited as authority (rule) Higgins v. Tru Services Group Inc
E.D. Wis. · 2022 · confidence medium
Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 , 187 N.W.2d 200, 203 (1971))).
cited Cited as authority (rule) Rustic Retreats Log Homes Inc v. Pioneer Log Homes of British Columbia Inc
E.D. Wis. · 2021 · confidence medium
Motor Car, Inc. v. Pope, 51 Wis. 2d 292 , 187 N.W.2d 200, 203 (1971)).
discussed Cited as authority (rule) In Re: Society Insurance Company COVID-19 Business Interruption Protection Insurance Litigation
N.D. Ill. · 2021 · confidence medium
“The complaint pleads a contract (duty), a breach of that contract and damages flow- ing reasonably from that breach and that totally states a cause of action.” Northwest- ern Motor Car, Inc. v. Pope, 187 N.W.2d 200, 203 (Wis. 1971); accord Lyon Financial Services, Inc. v. Illinois Paper and Copier Co., 848 N.W.2d 539, 543 (Minn. 2014) (“The elements of a breach of contract claim are (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”) (cleaned up)2; Fede…
discussed Cited as authority (rule) Carando Gourmet Frozen Foods Corp. v. Axis Automation, LLC
D. Mass. · 2020 · confidence medium
In Wisconsin, “[a] complaint states a claim for breach of contract when it alleges: (1) a contract between the plaintiff and the defendant that creates obligations flowing from the defendant to the plaintiff; (2) failure of the defendant to do what it undertook to do; and (3) damages.” Brew City Redevelopment Group, LLC v. The Ferchill Group, 714 N.W.2d 582, 588 (Wis. Ct. App. 2006), aff’d 724 N.W.2d 879 (Wis. 2006) (citing Northwestern Motor Car, Inc. v. Pope, 187 N.W.2d 200, 203 (Wis. 1971)).
discussed Cited as authority (rule) Johnson Health Tech North America, Inc. v. Grow Fitness Group, Inc.
W.D. Wis. · 2020 · confidence medium
Plaintiff previously moved for default judgment against that defendant (dkt. #16), but in light of the ongoing claim against Seaberg, the court denied that motion without prejudice to plaintiff renewing it when entry of judgment against Grow Fitness would be appropriate (dkt. #54). considers the familiar elements of a breach of contract claim in evaluating plaintiff’s motion for summary judgment on its claim for breach of Seaberg’s personal guaranty.7 To prove a breach of contract claim, a plaintiff must show: “(1) a contract between the plaintiff and the defendant that creates obligatio…
cited Cited as authority (rule) Matthews, Bernadine v. WI Energy Corp Inc
7th Cir. · 2008 · confidence medium
Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 (Wis. 1971).
cited Cited as authority (rule) Uebelacker v. Paula Allen Holdings, Inc.
W.D. Wis. · 2006 · confidence medium
Northwestern Motor Car, Inc. v. Pope, 51 Wis.2d 292, 296 , 187 N.W.2d 200, 203 (1971).
discussed Cited "see" Brew City Redevelopment Group, LLC v. Ferchill Group (2×)
Wis. Ct. App. · 2006 · signal: see · confidence high
See Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 296 , 187 N.W.2d 200, 203 (1971) (approving trial court's formulation).
discussed Cited "see" Sprecher v. Weston's Bar, Inc. (2×)
Wis. · 1971 · signal: see · confidence high
See sec. 263.07, Stats. 2 This doctrine that a demurrer cannot be sustained if the plaintiff is entitled to any relief is at least as old as Hall v. Bell (1910), 143 Wis. 296, 299 , 127 N. W. 967 , and has been applied as recently as Northwestern Motor Car, Inc. v. Pope (1971), 51 Wis. 2d 292 , 187 N. W. 2d 200 .
discussed Cited "see, e.g." Westhaven Associates, Ltd. v. C.C. of Madison, Inc. (2×)
Wis. Ct. App. · 2002 · signal: see also · confidence low
Id. at 526, 539-40 ; see also Northwestern Motor Car, Inc. v. Pope, 51 Wis. 2d 292, 295 , 187 N.W.2d 200 (1971).
Retrieving the full opinion text from the archive…
Northwestern Motor Car, Inc., Respondent,
v.
Pope, Appellant
29.
Wisconsin Supreme Court.
Jun 2, 1971.
187 N.W.2d 200
1971 Wisc. LEXIS 1080
For the appellant there was a brief and oral argument by Sidney Spector of Milwaukee., For the respondent there was a brief by Grootemaat, Cook & Frcmke, attorneys, and William L. Boyd of counsel, all of Milwaukee, and oral argument by Mr. Boyd.
Wilkie.
Cited by 48 opinions  |  Published
[*294] Wilkie, J.

The sole issue presented on this appeal is whether the trial court was correct in overruling defendant’s demurrer.

This court has repeatedly held (as the trial court noted) :

“When a complaint is challenged by demurrer as not stating a cause of action, we adhere to the rule that it is to be liberally construed with a view to substantial justice to the parties, and it is entitled to all reasonable inferences to support the complaint which can be drawn from the facts pleaded. Secs. 263.07 and 263.27, Stats.; Wulf v. Rebbun (1964), 25 Wis. 2d 499, 502, 131 N. W. 2d 303.” [1]

The trial court then stated:

“The complaint pleads a contract (duty), a breach of that contract and damages flowing reasonably from that breach and that totally states a cause of action.”

Defendant now contends that the demurrer was proper for two reasons:

1. The liquidated damages are unreasonable and consequently void as a penalty pursuant to sec. 402.718 (1), Stats.;

2. The complaint does not state essential facts from which the damages, if legal, can be computed.

Neither of these assertions has any merit.

1. Legality of the liquidated damages. Admittedly liquidated damages provided in a contract must be reasonable to be enforceable. Sec. 402.718 (1), Stats., provides:

“(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing un[*295] reasonably large liquidated damages is void as a penalty.” [2]

However, the statute contemplates that a liquidated damages clause may be enforceable if “reasonable.” Such clauses are not void, as a matter of law. Therefore, it is necessary for some evidence to be presented on this matter. Even assuming arguendo that this particular clause is unenforceable, plaintiff is still entitled to recover whatever damages he can prove. The mere demand for an amount in damages which is excessive does not render the complaint subject to demurrer:

“. . . A prayer for relief is no substantive part of a complaint and the fact that the plaintiff ‘asks for more relief than that which his pleaded facts entitle him to have is not reached by demurrer.’ ” [3]

The unreasonableness of the liquidated damages, then, is properly a matter of defense. It cannot be reached here by demurrer but is a question to be determined after trial.

2. Ambiguity of the contract. Defendant also urges that the contract is ambiguous with respect to the manner in which the liquidated damages are to be computed. He notes that the clause refers to liquidated damages equal to “20% of the cash delivery price.” He then points to page one of the contract noting that the space designated “cash delivered price of vehicle” is blank, and argues that damages cannot then be computed under the liquidated damages clause.

This argument is entirely without merit. First, even a cursory reading of the contract indicates that the very next line reads: “1968 Shelby GT 500 . . . $4,538.77.” The next several lines contain additions for extras and the “total cash price” is computed as $4,992.23. Hence[*296] the “cash delivered price” is clearly discernible as $4,538.77, without extras, or $4,992.23 with extras.

Furthermore, as noted above with respect to the liquidated damages clause itself, this objection is not properly raised by demurrer. [4] This matter is also properly one of defense, going to the proper amount of damages which plaintiff is entitled to.

Finally, by demurring to the complaint, even under defendant’s theory, he has admitted the damages.

As the trial court well stated:

“The complaint pleads a contract (duty), a breach of that contract and damages flowing reasonably from that breach and that totally states a cause of action.”

By the Court. — Order affirmed.

1

Kelly v. Mohrhusen (1971), 50 Wis. 2d 337, 342, 184 N. W. 2d 149.

2

See also: Restatement, 2 Contracts, p. 1087, sec. 579.

3

D’Angelo v. Cornell Paperboard Products Co. (1963), 19 Wis. 2d 390, 398, 120 N. W. 2d 70.