Phœnix Nursery Co. v. Trostel
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Edwakd T. Eaiechild, Circuit Judge. Action to recover the cost ©f certain shrubs and trees and the planting thereof. Plaintiff is a foreign corporation domiciled at Bloomington, Illinois, and has no office or place of business in this state.
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Appeal from a judgment of the circuit court for Milwaukee county: Edwakd T. Eaiechild, Circuit Judge. Action to recover the cost ©f certain shrubs and trees and the planting thereof. Plaintiff is a foreign corporation domiciled at Bloomington, Illinois, and has no office or place of business in this state. It has never complied with the provisions of sec. lYIOb, Stats. 1915. In March, 1916, it entered into a written contract with the defendant whereby it agreed to sell him certain shrubs and trees then in its nursery at Bloomington, at a price therein specified, and plant tlie same upon…
1Opinion of the CourtVinje, J.
In Wolf Co. v. Kutch, 147 Wis. 209, 132 N. W. 981, plaintiff, a foreign corporation that had not complied with sec. 1770b, Stats., sold certain flouring-mill machinery to a corporation of this state under an agreement to furnish a millwright to assist the purchaser in putting the machinery in place, and it was held that such agreement was a mere incident to the contract which did not deprive it of its interstate commerce character, citing F. A. Patrick & Co. *217v. Deschamp, 145 Wis. 224, 129 N. W. 1096. The case of S. F. Bowser & Co. v. Schwartz, 152 Wis. 408, 140 N. W. 51, included the same…
2Cases cited7 opinions
- Browning v. City of WaycrossSupreme Court of the United States · 1914
- Milan Milling, etc., Co. v. GortenTennessee Supreme Court · 1894
- F. A. Patrick & Co. v. DeschampWisconsin Supreme Court · 1911
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Wolff Dryer Co. v. BiglerSupreme Court of Pennsylvania · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wisconsin Trust Co. v. MundayWisconsin Supreme Court · 1918
- State ex rel. Goldwyn Distributing Corp. v. GehrzWisconsin Supreme Court · 1923
- Elliott Electric Co. v. ClevengerCourt of Appeals of Texas · 1927
- Yedwab v. M. A. Richards Corp.Supreme Court of New Jersey · 1948
- National Sign Co. v. MacCar Cleveland Sales Co.Ohio Court of Appeals · 1929
7 more not listed; retrieve them via the Exa API.