Dairy Queen of Wisconsin, Inc. v. McDowell

Two questions are presented on this appeal: 1. Does sec. 97.025, Stats., prohibit the manufacture and sale of appellant’s product?

2. If so, is the statute constitutional?

Most of the facts were stipulated, there being few, if any, in dispute, and those not in sharp conflict. Here we have the trial court applying the law to the facts or the facts to the law, as it sees it. In such cases this court is not bound by the findings of the trial court, and the rule that the findings must be sustained unless against the great weight and clear preponderance of the evidence is not applicable. Will of…