Legal Opinion · Dissent

State Ex Rel. Hartwig's Poultry Farm, Inc. v. Bunde

Wisconsin Supreme Court

Decided October 3, 1969No. State 71Published

1DissentRobert W. Hansen, J.

While turkeys are not migratory birds, a lawsuit involving a flock of turkeys can have several roosting places in this state. Where breach of a contract of sale is at issue, whether or not it concerns turkeys, this court has held that venue may properly lie in the county where:(1) The contract was made,1(2) The contract was breached,2 or(3) Payment is to be made.3

Paragraph 5 of plaintiff’s complaint alleged that the defendant processing corporation agreed to act as *238broker to sell the processed birds and “in the absence of being able to obtain or obtaining a third-party purchaser,” agreed to…

2Cases cited6 opinions

  1. Val Blatz Brewing Co. v. Industrial CommissionWisconsin Supreme Court · 1930
  2. State ex rel. Webster Manufacturing Co. v. ReidWisconsin Supreme Court · 1922
  3. State ex rel. Webster Manufacturing Co. v. RisjordWisconsin Supreme Court · 1930
  4. State ex rel. Flambeau River Lumber Co. v. ReidWisconsin Supreme Court · 1932
  5. State ex rel. Connor Lumber & Land Co. v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1933

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