Tayler v. Connors
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Brown county; N. J. Monahan, Judge. Action to recover the purchase price of milk sold the Clover Leaf Dairy. It was claimed the defendant was either a partner in the Clover Leaf Dairy business or else held himself out as such or as a principal so as to estop him from disclaiming liability. That he was not in fact a partner was admitted before the close of the trial, and the court by consent of both parties so found.
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Appeal from a judgment of the municipal court of Brown county; N. J. Monahan, Judge. Action to recover the purchase price of milk sold the Clover Leaf Dairy. It was claimed the defendant was either a partner in the Clover Leaf Dairy business or else held himself out as such or as a principal so as to estop him from disclaiming liability. That he was not in fact a partner was admitted before the close of the trial, and the court by consent of both parties so found. The issues passed upon by the jury in a special verdict were as follows: (l).the defendant did not hold himself out to the…
1Opinion of the CourtVinje, C. J.
We are asked to disregard the answers of the jury because not supported by the evidence.' This we cannot do. From the nature of the issues the evidence took a wide range. It is claimed there was a holding out by the *107use of- the stationery and checks of the Clover Leaf Dairy on which the name of W. H. Phillips appeared' as “Mgr.” or- “Manageralso on some trucks used in the business as well as on paper stoppers for milk, and remittance slips sent Larsen. The stationery bore the words “Clover Leaf Dairy, M. C. Connors, Proprietor, W. H. Phillips, Manager,” and on some checks bearing the words…
2Cases cited5 opinions
- Fletcher v. PullenCourt of Appeals of Maryland · 1889
- Lange v. HeckelWisconsin Supreme Court · 1920
- Bell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- Mechanical Appliance Co. v. A. Kieckhefer Elevator Co.Wisconsin Supreme Court · 1916
- Braun v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1919
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- Minneapolis Steel & MacHinery Co. v. Casey Land AgencyNorth Dakota Supreme Court · 1924