Kilmer v. Foster
Kilmer v. Foster
Opinion of the Court
¶1 Kira Foster, a/k/a Kira Hoff, appeals an order compelling specific performance of a land contract. We conclude that Foster has failed to develop any sufficient arguments or to provide an adequate record showing that she is entitled to relief. We therefore affirm.
BACKGROUND
¶2 In a land contract signed by both parties, Bruce Kilmer offered to purchase from Foster "Tax ID #008007270000 10 Acres in the Township of Coon, County of Vernon" for $ 50,000.00. The offer to purchase identified the land as being zoned "Ag per tax bill." The contract further provided that, within thirty days, Foster was to provide a surveyed map and legal description defining the exact property to be sold, which would show a "minimum of 10 acres, maximum of 10 acres."
¶3 Upon obtaining a survey, Foster learned that a field of cropland she had intended to sell constituted only about nine acres of the tax parcel. Foster asserted that she would need to include woodland or landscaped land from her own homestead that was not "agricultural" land and was "not for sale" in order to come up with ten acres. Foster therefore refused to close and instead sought to renegotiate an adjusted price for the reduced acreage of the field. Kilmer then sued for specific performance.
¶4 Following a trial, the circuit court determined that the land contract was for a specific amount of acreage, not a specific map. Accordingly, the court issued an order for specific performance, directing Foster to close on a sale of ten acres of land. Foster appeals.
STANDARD OF REVIEW
¶5 The interpretation of a contract presents a question of law subject to independent appellate review. Tufail v. Midwest Hosp., LLC ,
DISCUSSION
¶6 The appellant's brief raises several complaints about the circuit court proceedings in this matter, asserting that the circuit court erred in determining that the land contract was enforceable for an exact amount of acreage including wooded land, and should instead have found the contract unenforceable due to mutual mistake and lack of consideration. However, the brief does not include any citations to the record, as required by the rules of appellate procedure. See WIS. STAT. RULE 809.19(1)(d) and (e) (2017-18).
¶7 A party must do more than "simply toss a bunch of concepts into the air with the hope that either the trial court or the opposing party will arrange them into viable and fact-supported legal theories." State v. Jackson ,
¶8 Although we could reject Foster's claims based solely upon the deficiencies of her brief, we will briefly address two additional reasons why she has not established a right to the relief she seeks.
¶9 First, Foster has failed to provide a transcript of the trial. It is the appellant's responsibility to provide this court with an adequate record for review. See Fiumefreddo v. McLean ,
¶10 Second, Foster's arguments on appeal rely heavily on extrinsic evidence about what land she intended to sell. Aside from the fact that most of this evidence is outside of the appellate record due to the lack of a transcript, we do not examine extrinsic evidence to determine the meaning of a contract when the contract's terms are unambiguous. Goldstein v. Lindner ,
¶11 Any additional arguments that we do not explicitly address are deemed denied. See Libertarian Party of Wisconsin v. State ,
By the Court .-Order affirmed.
This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.
All references to the Wisconsin Statutes are to the 2017-18 version unless otherwise noted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.