Middlebrook v. Winterscheidt

The opinion of the court was delivered by

Mason, J.:

Since 1915 H. O. Middlebrook has operated a business in Hiawatha under the trade name of “The Golden Rule Store,” selling dry goods, clothing, shoes and furnishings. For several years J. E. Winterscheidt, either alone or with a partner named Whelan, had a business known as the “W. & W. Store” at Horton, some fourteen miles away, in the same county, near the border, which handled the same lines. In March, 1923, the Winterscheidt concern was incorporated under the name, “The Golden Rule Mercantile Company.” Middlebrook brought this action to…