Bowser v. Savidusky
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county; E. 0. Higbee, Judge. Action upon five promissory notes given by defendants for tbe purchase price of a dry-cleaning outfit sold them by tbe, plaintiff, which was a foreign corporation that had not complied with the provisions of sec. 1110b, Stats., so as to entitle it to transact business in this state.
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Appeal from a judgment of tbe circuit court for Eau Claire county; E. 0. Higbee, Judge. Action upon five promissory notes given by defendants for tbe purchase price of a dry-cleaning outfit sold them by tbe, plaintiff, which was a foreign corporation that had not complied with the provisions of sec. 1110b, Stats., so as to entitle it to transact business in this state. The answer alleged the invalidity of the notes by reason of the failure of the plaintiff to comply with the statute, and pleaded as a further answer and by way of counterclaim a breach of warranty in the outfit sold, in that-it…
1Opinion of the CourtVittje, J.
The contention that the notes are void because of the failure of the plaintiff to comply with the requirements *79of see. 1770b, Stats., must be beld to be untenable, under the decision of S. F. Bowser & Co. v. Schwartz, 152 Wis. 408, 140 N. W. 51. In that case, as in this, there was a provision in the contract of sale for installation by the plaintiff, and the machinery was by it assembled and installed in this state after it was shipped into it from Indiana where it was at the time of the sale. Such assembling and installation are mere incidents to the sale and the transaction does not thereby…
2Cases cited3 opinions
- Milan Milling, etc., Co. v. GortenTennessee Supreme Court · 1894
- Wolff Dryer Co. v. BiglerSupreme Court of Pennsylvania · 1899
- S. F. Bowser & Co. v. SchwartzWisconsin Supreme Court · 1913
3Cited by5 opinions
- Phœnix Nursery Co. v. TrostelWisconsin Supreme Court · 1917
- Palm Vacuum Cleaner Co. v. BjornstadSupreme Court of Minnesota · 1917
- Vilter Manufacturing Co. v. EvansIndiana Court of Appeals · 1927
- Koppers Co. v. City of MilwaukeeWisconsin Supreme Court · 1926
- Unitype Co. v. SchwittayWisconsin Supreme Court · 1919