Mahoney v. Kennedy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. Action to recover $7,000, the purchase price of plaintiff’s interest in the Janesville News Publishing Company, alleged to have been sold to defendants under an oral contract claimed to have been sufficiently performed to take it out of the statute of frauds. The defendants put in separate answers denying making the contract.
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Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. Action to recover $7,000, the purchase price of plaintiff’s interest in the Janesville News Publishing Company, alleged to have been sold to defendants under an oral contract claimed to have been sufficiently performed to take it out of the statute of frauds. The defendants put in separate answers denying making the contract. At the close of plaintiff’s evidence the court granted a motion for, a nonsuit and entered j'udgment accordingly, on the ground that if the contract was made as claimed by plaintiff…
1Opinion of the CourtVinje, J.
Plaintiff’s evidence tended to show these facts: That on November 20, 1919,-the plaintiff, who was then owner of a controlling interest in the Janesville News *570Publishing Company, a corporation whose certificates of stock had not been issued or even printed, by an oral agreement with the defendants sold his interest to them for the sum of $7,000 to be paid Within two weeks. No writing was signed and no money was paid at the time. . Plaintiff had been general manager of the Janesville News, the paper published by the corporation, up to this time, and had checked against the corporation’s…
2Cases cited8 opinions
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- Kimball v. PostWisconsin Supreme Court · 1878
- Cotterill v. StevensWisconsin Supreme Court · 1860
- Murphey v. GatesWisconsin Supreme Court · 1892
- Wilson v. HotchkissCalifornia Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simpson v. BergmannCalifornia Court of Appeal · 1932
- Borger v. McKeithWisconsin Supreme Court · 1929
- Micheletti v. FugittNevada Supreme Court · 1943
- Mahoney v. KennedyWisconsin Supreme Court · 1925
- Mitler v. Associated Contractors, Inc.Wisconsin Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.