International Textbook Co. v. Peterson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Michael Etowah, Circuit Judge. The appeal is from a judgment dismissing the appellant’s ■action at law upon contract and awarding costs.
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Appeal from a judgment of the circuit court for Manito-woc county: Michael Etowah, Circuit Judge. The appeal is from a judgment dismissing the appellant’s ■action at law upon contract and awarding costs. It is established hy the findings of fact of the trial court that the plaintiff, a Pennsylvania corporation domiciled at .'Scranton in said state, is the owner and proprietor of the International Correspondence Schools, and its1 business is that of furnishing instruction by correspondence to those who •enter into contract with it for that purpose. It never complied with the requirements of…
1Opinion of the CourtTimxiN, J.
Aside from the question of interstate commerce involved, this case would be governed by the rule laid down in Catlin & P. Co. v. Schuppert, 130 Wis. 642, 110 N. W. 818, and the contract in question invalid because bilateral and containing an express undertaking on the part *308of tb© plaintiff corporation' affecting the “personal liability” of such corporation. That it would be for this reason within the letter of sec. 1110b, Stats. (1898); as amended, seems obvious. That it would be within the spirit of that act seems equally clear, if we consider that one purpose of the act was to enable…
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