Pratt v. Oshkosh Match Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Ghso. W. BukNell, Circuit Judge. Tbe plaintiff was tbe owner of a sawmill in Osbkosb, and engaged in tbe manufacture of lumber. A. W. Jones and W. II. Wyman were copartners in trade and business, and engaged in the manufacture and sale of matches at Osbkosb, under tbe firm name and style of tbe Oshkosh Match Company. Jones’s interest therein was three fifths and Wy-man’s interest two fifths.
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Appeal from a judgment of tbe circuit court for Winnebago county: Ghso. W. BukNell, Circuit Judge. Tbe plaintiff was tbe owner of a sawmill in Osbkosb, and engaged in tbe manufacture of lumber. A. W. Jones and W. II. Wyman were copartners in trade and business, and engaged in the manufacture and sale of matches at Osbkosb, under tbe firm name and style of tbe Oshkosh Match Company. Jones’s interest therein was three fifths and Wy-man’s interest two fifths. On June 13, 1883, Jones, in behalf of Jones and Wyman, ordered of the plaintiff 150,000 feet of boards of various lengths, and six, eight,…
1Opinion of the CourtCassoday, J.
The eyidence tends to prove the facts of which a summary is given in the foregoing statement. The question here presented is whether those facts were sufficient to take the case to the jury.
*409The theory upon which the nonsuit was granted, it would seem, is to the effect that the contract, as originally made and sued upon, was between the plaintiff and Jones and Wyman, and that Jones, as agent of the old firm and superintendent of the defendant, could not, by his own volition and his own act, transfer or assign that contract to the defendant so as to make it binding upon and enforceable against…
2Cited by16 opinions
- Wall v. Niagara Mining & Smelting Co.Utah Supreme Court · 1899
- Ziemer v. C. G. Bretting Manufacturing Co.Wisconsin Supreme Court · 1911
- Parr v. Northern Electrical Manufacturing Co.Wisconsin Supreme Court · 1903
- Commissioners of Lewes v. Breakwater Fisheries Co.Court of Chancery of Delaware · 1922
- Badger Paper Co. v. RoseWisconsin Supreme Court · 1897
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