Legal Opinion

Nutrena Mills, Inc. v. Earle

Wisconsin Supreme Court

Decided October 31, 1961PublishedCited by 6 opinions

1Opinion of the Court

*465Martin, C. J.

The question is whether a person who signs a contract, but is not named in the body of it, is a party to the contract and bound by its terms.

In 17 C. J. S., Contracts, p. 803, sec. 346, it is stated:

“The signatures cannot alone be looked to for the purpose of determining who are the parties to a written contract; . . . while persons have been held liable as parties to the contract where they have signed their names thereto, although they are not elsewhere mentioned in it, in order that such a construction may be adopted it is necessary that the intention be apparent from the…

2Cases cited5 opinions

  1. Shriner v. CraftSupreme Court of Alabama · 1910
  2. Sun Oil Co. v. OswellSupreme Court of Alabama · 1953
  3. Brown v. O'ByrneSupreme Court of Alabama · 1907
  4. Strange v. McCallCourt of Appeals of Georgia · 1932
  5. Perlman v. PerlmanAppellate Court of Illinois · 1913

3Cited by6 opinions

  1. Brush v. Wells Fargo Bank, N.A.District Court, S.D. Texas · 2012
  2. In re Estate of DickersonTennessee Supreme Court · 1980
  3. St. Regis Apartment Corp. v. SweitzerWisconsin Supreme Court · 1966
  4. James Julian, Inc. v. State Highway AdministrationCourt of Special Appeals of Maryland · 1985
  5. Caplan v. StantSupreme Court of Virginia · 1967

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