Stumpf & Langhoff, Ltd. v. Espenhain Dry Goods Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Laweenoe W. Halsey, Circuit Judge. This action was brought to restrain the defendant from continuing or permitting to be continued an advertisement of the sale of certain goods.
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Appeal from an order of the circuit court for Milwaukee county: Laweenoe W. Halsey, Circuit Judge. This action was brought to restrain the defendant from continuing or permitting to be continued an advertisement of the sale of certain goods. The material part of the complaint charged in effect that on July 13, 1915, one Hubert A. Silberberg, a resident of the city of Milwaukee, was carrying on business under, the name of Hubert’s Lingerie Shop, at No. 593 Downer avenue, and on said day filed a petition in bankruptcy; that said Silberberg filed schedules in the bankruptcy court showing assets…
1Opinion of the CourtKerwin, J.
The facts in this case are practically undisputed. The parties to the action seek to deduce different conclusions from undisputed facts. The defendant bought the exempt portion of the stock of the bankrupt and the plaintiff bought the balance. Each advertised the sale of the stock purchased by it. The defendant advertised in the Sunday issue of the Milwaukee Sentinel:
“ESPENHAINS.
“WE SECURED AND OEEEE EOE MONDAY’S SELLING THE EXEMPTED STOCK OE HUBERT’S LINGERIE SHOP (BANKRUPT). 593 Downer Ave.
“Consisting mainly of Infants’ and Children’s Wear, at About HALF THE WHOLESALE COST.
“The purchase was…
2Cases cited1 opinion
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
3Cited by2 opinions
- State v. FreibergWisconsin Supreme Court · 1967
- Milwaukee Corrugating Co. v. KruegerWisconsin Supreme Court · 1924