Lazar v. Berg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. For some years prior to September, 1920, the defendant had conducted a substantial and lucrative laundry business in the city of Appleton known as the National. He decided to dispose of said business and placed the same with an agent for that purpose.
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Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. For some years prior to September, 1920, the defendant had conducted a substantial and lucrative laundry business in the city of Appleton known as the National. He decided to dispose of said business and placed the same with an agent for that purpose. Through such agent plaintiff met defendant, and after several days’ negotiations and examination of the business an agreement was made between the parties. The defendant at the time owned real estate on which was situated the building in which the…
1Opinion of the CourtEschweiler, J.
Defendant contends that the existence of the written bill of sale with its recital of the consideration, the personal property sold, and the warranty of title excludes as incompetent the oral testimony upon which alone the answers to the first two questions of the verdict relating to the alleged sale of the good will and agreement not to engage in the same business can be supported, if at all.
Very clearly here was a situation where no one or more writings showed on inspection that the agreement was all therein contained. The answer admitting as it did that defendant agreed to stay with…
2Cases cited8 opinions
- Von Bremen v. . MacMonniesNew York Court of Appeals · 1910
- Kipp v. LaunWisconsin Supreme Court · 1911
- Marshall Engine Co. v. New Marshall Engine Co.Massachusetts Supreme Judicial Court · 1909
- Fusting v. SullivanCourt of Appeals of Maryland · 1874
- Red Wing Manufacturing Co. v. MoeWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tees v. LeeWisconsin Supreme Court · 1940