Hoffman and his wife owned a bakery in Wautoma, Wisconsin. Lukowitz, an agent for Red Owl Stores,
Question:
Hoffman and his wife owned a bakery in Wautoma, Wisconsin. Lukowitz, an agent for Red Owl Stores, Inc., represented to and agreed with Hoffman that Red Owl would erect a grocery store building for them in Chilton, Wisconsin, and stock it with merchandise. In return, the Hoffmans were to invest $18,000 and Hoffman was to operate the store as a Red Owl franchise. In reliance on Red Owl’s assurances and advice, the Hoffmans sold their bakery, paid $1,000 down on a lot in Chilton, and rented a residence there. In negotiations over some seventeen months, Red Owl boosted the required investment to $24,100; then to $26,000; and finally to $34,000, which was to include $13,000 from Hoffman’s father-in-law. Red Owl insisted the $13,000 must either be a gift or a loan that would be inferior in claim to all general creditors. Hoffman balked and sued for damages. Should the Hoffmans win? If so, on what grounds? (Hoffman v. Red Owl Stores, 133 N.W.2d 267, 26 Wis. 2d 683)
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