United Shoe Repairing Machine Co. v. Asoumanakis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Crawford county: George Clementson, Circuit Judge. The plaintiff corporation sought to obtain possession by writ of replevin of certain shoe-repairing machines from the defendants. Defendants claimed to be the owners thereof by, virtue of purchase at a sale on July 6, 1918, upon an execution issued upon judgments obtained by the defendant Asoumanakis and two other persons as plaintiffs against one William Schlifkin.
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Appeal from a judgment of the circuit court for Crawford county: George Clementson, Circuit Judge. The plaintiff corporation sought to obtain possession by writ of replevin of certain shoe-repairing machines from the defendants. Defendants claimed to be the owners thereof by, virtue of purchase at a sale on July 6, 1918, upon an execution issued upon judgments obtained by the defendant Asoumanakis and two other persons as plaintiffs against one William Schlifkin. In November, 1917, said Schlifkin gave an order to the plaintiff for a lease to him'of the shoe-repairing outfit here involved. In…
1Opinion of the CourtEschweiler, J.
We have set out above at considerable length the contract between Schlifkin and the plaintiff con*107cerning the machines in question for the reason that it was the view of the trial court that such agreement was in substance a conditional sale, and, not having been recorded pursuant to the provisions of the then existing sec. 2317, Stats., was void as to subsequent purchasers from Schlifkin., We shall not take up the different elements of the contract in detail, but an examination of the same is sufficient to show that on its face it was not a conditional sale but a lease or license merely, and…
2Cases cited8 opinions
- Mitchell v. HawleySupreme Court of the United States · 1873
- Monitor Manufacturing Co. v. JonesWisconsin Supreme Court · 1897
- Singer Manufacturing Co. v. D. Wolff & Co.Supreme Court of New Jersey · 1903
- Carney v. EmmonsWisconsin Supreme Court · 1859
- Baker v. PriebeNebraska Supreme Court · 1900
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3Cited by2 opinions
- Dairyland Equipment Leasing, Inc. v. BohenWisconsin Supreme Court · 1980
- Appliance Buyers Credit Corp. v. CrivelloWisconsin Supreme Court · 1969