CRAIG BUSKE, Plaintiff-Appellant, v. IHSS, INC., IHSS ACCEPTANCE CORPORATION, LANCE W. DEVEREAUX, DON SEEHAWER, and J.T.'S MERCHANDISE SERVICES, INC., Defendants-Respondents., 173 Wis. 2d 906

Summary

The franchisee operated a franchise for the corporation, which sold its assets to the successor corporation. The franchisee subsequently commenced this action, alleging various frauds, racketeering activities, and violations of franchising laws by the corporation and alleging the successor corporation's liability. The trial court entered summary judgment dismissing the complaint against the successor corporation, and the franchisee appealed. The court affirmed the judgment. Even though the evidence showed that most of the successor corporation's employees were former employees of the selling corporation, that the successor corporation used the same business premises and equipment, and that it marketed the same products in the same way, there was no common identity among the corporate stockholders; rather, the successor corporation submitted undisputed evidence that none of its stockholders ever owned stock of the selling corporation. The franchisee's evidence did not rebut the ...