Roberts v. McWatty
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevews, Circuit Judge. In 1903 Romanzo Parks and John Parks were engaged in business at Middleton, Dane county, Wisconsin. They owned and had in their possession at this place a stock of hardware. .They had engaged a Mr. Gray to secure a purchaser of the stock in bulk, or an exchange thereof for other property. Plaintiffs owned a tract of real estate in Price county.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray Stevews, Circuit Judge. In 1903 Romanzo Parks and John Parks were engaged in business at Middleton, Dane county, Wisconsin. They owned and had in their possession at this place a stock of hardware. .They had engaged a Mr. Gray to secure a purchaser of the stock in bulk, or an exchange thereof for other property. Plaintiffs owned a tract of real estate in Price county. They and the Parks brothers negotiated for an exchange of properties, resulting in the making of a contract on June 26, 1903, whereby plaintiffs, in…
1Opinion of the CourtSiebeckee, J.
The jury found that the transaction between plaintiffs and the Parks brothers was without fraud as to creditors. This leads to the inquiry: What effect is to be given the written contract between plaintiffs and the Parks brothers in reference -to the passing of title of the stock of hardware covered by it ? Whether or not the title to the goods sold vested in the vendees under circumstances like these depends upon the intention of the parties. This fact must be ascertained from the terms of the agreement, if the phraseology employed clearly expresses it; but, if it cannot be so ascertained,…
2Cases cited2 opinions
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Smith v. Wisconsin Investment Co.Wisconsin Supreme Court · 1902