Bartelt v. Smith
Wisconsin Supreme Court
Aepeal from a judgment of the circuit court for Sheboy-gan county: Michael Kikwah, Circuit Judge. This is an action to dissolve a partnership and for an account of the partnership business. The alleged partnership business was a small rural telephone business, amounting to about fifty miles of line in several adjoining townships of Fond du Lac, Washington, and Sheboygan counties.
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Aepeal from a judgment of the circuit court for Sheboy-gan county: Michael Kikwah, Circuit Judge. This is an action to dissolve a partnership and for an account of the partnership business. The alleged partnership business was a small rural telephone business, amounting to about fifty miles of line in several adjoining townships of Fond du Lac, Washington, and Sheboygan counties. The defendant by answer denied the existence of any partnership and claimed to be the sole owner of the telephone system in question and that the same was wrongfully seized and taken possession of by the plaintiff.…
1Opinion of the Court
WiNsnow, O. J.
The pivotal question upon the merits of the case is whether the evidence justifies the referee’s finding that the parties were partners. No formal agreement of partnership was ever made, although a written agreement was drawn by defendant but never signed by the plaintiff. The referee arrived at his conclusion as an inference of fact from the conduct of the parties themselves during the time from November 2, 1902, to March, 1905, during which time they confessedly operated the telephone system together and appeared to be partners. The fact was undisputed that Smith took such…
2Cases cited3 opinions
- Speiser v. Merchants' Exchange BankWisconsin Supreme Court · 1901
- Sullivan v. SullivanWisconsin Supreme Court · 1904
- Voshmik v. UrquhartWisconsin Supreme Court · 1895
3Cited by14 opinions
- Heck & Paetow Claim Service, Inc. v. HeckWisconsin Supreme Court · 1980
- Lowder v. All Star Mills, Inc.Supreme Court of North Carolina · 1983
- Nicholson v. KilburyWashington Supreme Court · 1915
- Kurowski v. Retail Hardware Mutual Fire InsuranceWisconsin Supreme Court · 1931
- James v. Roberts Telephone & Electric Co.Texas Commission of Appeals · 1918
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