Napa Valley Wine Co. v. Casanova
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Tbe defendants, copartners, conducted a brewery business at Hudson, Wisconsin.
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Appeal from a judgment of tbe circuit court for St. Croix county: E. W. Helms, Circuit Judge. Tbe defendants, copartners, conducted a brewery business at Hudson, Wisconsin. Tbey bad come into ownership of tbe stock, furniture, fixtures, and lease of a saloon at St. Joseph, and were conducting tbe same through an employee, when tbey effected a sale to one McMahon of tbe stock of liquors and glassware; tbe defendants retaining tbe lease and) furniture and agreeing to procure tbe licenses, both state and municipal, in their own name, whereupon McMahon was to take over tbe business and pay over…
1Opinion of the CourtDodge, J.
While, as tbe trial court says, tbe evidence is somewhat nebulous and indefinite as to what tbe parties un*291derstood, yet there was a fair issue of fact for that court to decide. The evidence does not preponderate at all clearly against his conclusion that the intention was that the business should be run as that of the defendants until they were reimbursed the amount of McMahon’s indebtedness to them; and that one of the usual and essential powers incident to the running of such a business, remote from the principal’s residence, is the purchase of supplies to be used therein. This being so, a…
2Cases cited5 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Parr v. Northern Electrical Manufacturing Co.Wisconsin Supreme Court · 1903
- Ferris v. . KilmerNew York Court of Appeals · 1872
- Roche v. PenningtonWisconsin Supreme Court · 1895
- Abrohams v. FreresWisconsin Supreme Court · 1906
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