Fernekes v. Nugent Sanitarium
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee •county: Oscar M. Eritz, Circuit Judge. Action to recover reasonable value of services as architects in preparing plans and specifications for an addition to defendant’s sanitarium. Defenses: (1) Preliminary sketches only were furnished under an agreement that they were not to be paid for unless adopted and used, and they were not adopted and used.
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Appeal from an order of tbe circuit court for Milwaukee •county: Oscar M. Eritz, Circuit Judge. Action to recover reasonable value of services as architects in preparing plans and specifications for an addition to defendant’s sanitarium. Defenses: (1) Preliminary sketches only were furnished under an agreement that they were not to be paid for unless adopted and used, and they were not adopted and used. (2) Nugent, the officer of defendant with whom the transaction took place, had no authority to bind the corporation. The civil judge before whom the action was tried without a jury found the…
1Opinion of the CourtBaeNes, J.
1. Early in 1910, M. J. Nugent, being tbe owner of a sanitarium, transferred it to tbe defendant corporation. Plaintiffs were employed, if at all, in tbe fall of 1910. At this time Nugent was tbe general manager of tbe corporation, owned or controlled nearly all of its stock, actively conducted its business, and dominated its affairs about, as completely as be did tbe business of bis sanitarium before it was incorporated. Practically be was dealing with bis own property through a corporate agency as absolutely as be might deal with it as an individual. Up to tbe time tbe alleged contract was…
2Cases cited9 opinions
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- Northwestern Fuel Co. v. LeeWisconsin Supreme Court · 1899
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