Mack International Motor Truck Corp. v. Thelen Trucking Co.

The following opinion was filed June 12, 1931:

Owen, J.

If the indebtedness of the Thelen Trucking Company was discharged either by reason of express agreement or by failure of the plaintiff to observe and follow the requirements of ch. 122, Stats., in foreclosing the contract of conditional sale, it will be unnecessary to consider whether the indorsement of the notes in question by the defendant Lannon Sand & Stone Company was ultra vires and beyond the powers of that company. We have no doubt that the evidence supports the finding that an agreement in terms was *437entered into between Morgan and…