Legal Opinion

Huebner v. Huebner

Wisconsin Supreme Court

Decided May 2, 1916PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Obués T. Williams, Circuit Judge. Action for breach of contract. The plaintiff is the widow of the defendant’s crippled son, Ben Huebner.

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Appeal from a judgment of the circuit court for Milwaukee county: Obués T. Williams, Circuit Judge. Action for breach of contract. The plaintiff is the widow of the defendant’s crippled son, Ben Huebner. The defendant owned a building at 1532 Yliet street, Milwaukee, and ojoerated a saloon therein for some time prior to May 1, 1912, on which date he sold the business, stock, and fixtures to Ben for $2,260, of which $1,000 was paid down, Ben agreeing to pay $45 per month rent for the premises and to pay the balance of the purchase price as he could. July 1, 1912, Ben took out a saloon license…

1Opinion of the Court

Winslow, O. J.

But two contentions are argued in the appellant’s brief, namely, (1) that the agreement claimed by the plaintiff to have been made between the defendant and herself was void because without consideration, and (2) that *170no damages could properly be allowed for loss of profits of the business. Neither contention can be sustained.

1. The agreement testified to by the plaintiff, though somewhat remarkable in its terms, is not incredible, and was in effect an agreement to render personal services on the one side and to make payment for them in a certain way on the other. In such…

2Cases cited3 opinions

  1. Gross v. HeckertWisconsin Supreme Court · 1904
  2. Forster, Waterbury Co. v. F. MacKinnon Manufacturing Co.Wisconsin Supreme Court · 1907
  3. Olson v. OlsonWisconsin Supreme Court · 1912

3Cited by5 opinions

  1. Goodwin v. von CotzhausenWisconsin Supreme Court · 1920
  2. Buxbaum v. G. H. P. Cigar Co.Wisconsin Supreme Court · 1925
  3. Smith v. BlackWest Virginia Supreme Court · 1925
  4. Mercury Cleaning Systems, Inc. v. Manitowoc Engineering Corp. And the Manitowoc Company, Inc.Court of Appeals for the Seventh Circuit · 1958
  5. Lieberthal v. Glens Falls Indemnity Co.Court of Appeals for the Seventh Circuit · 1949

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