Kurt P. Kroll v. Doctor's Associates, Inc., Jeffrey Wilhelm, Frederick Deluca and Peter H. Buck

CUDAHY, Circuit Judge.

Doctor’s Associates, Inc. (DAI), co-owned by Peter H. Buck and Frederick DeLuca, is the national franchisor of “Subway” sandwich shops. Appellee Jeffrey Wilhelm is a “development agent” for DAI. In May 1988, Kurt P. Kroll entered into two franchise agreements with DAI, each authorizing Kroll to operate a Subway restaurant in Wisconsin. Under the agreements, Kroll was required to “[bjegin operation of a sandwich shop within 365 days ... at a location found by [Kroll] and approved by [DAI].” ¶ 5(a). 1 Kroll did not fulfill this obligation, and, as a result, DAI became…