Kiefer-Haessler Hardware Co. v. Paulus
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. This is an action of replevin to recover possession of a hotel range and certain other articles comprising a part of the outfit for a restaurant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. This is an action of replevin to recover possession of a hotel range and certain other articles comprising a part of the outfit for a restaurant. It was undisputed that the property originally belonged to the plaintiff (which is a corporation engaged in the hardware business at Milwaukee), and that in February, 1910, it was delivered to one Kuchiaras, a restaurant keeper (since deceased), under the following written agreement: "This Certifies:, That I, G-. Kuchiaras, residing at No. 189 3rd…
1Opinion of the Court
WiNsnow, O. J.
It seems that the court was entirely right in dismissing the action as to the defendant Coils. Without stating the evidence in detail, we think it clearly appeared that Kuchiaras was in fact the sole party interested, and that the action should have been brought against him alone. The court was also right in construing the contract in question as a chattel mortgage or security for the payment of the purchase price of the articles rather than as a lease. Under the circumstances shown by the evidence the intention of the parties. is so plain, notwithstanding the formal words…
2Cited by4 opinions
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