Gauger v. Pautz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. It is alleged in the complaint that for about four years preceding September, 1874, the parties were general partners, doing business as such at Manitowoc under the firm name of Ganger & Pautz; that in 1873 an action was brought against the plaintiff by two persons named Greves, to recover damages for.the breach of an alleged contract by this plaintiff to do certain excavating for them; that this plaintiff answered in said…
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APPEAL from the Circuit Court for Manitowoc County. It is alleged in the complaint that for about four years preceding September, 1874, the parties were general partners, doing business as such at Manitowoc under the firm name of Ganger & Pautz; that in 1873 an action was brought against the plaintiff by two persons named Greves, to recover damages for.the breach of an alleged contract by this plaintiff to do certain excavating for them; that this plaintiff answered in said action alleging the copartnership between himself and Pautz; and that it was expressly agreed between them that they “…
1Opinion of the CourtLyoh, J.
I. It is claimed that the complaint fails to state a cause of action. In Sprout v. Crowley, 30 Wis., 187, this court held that “ where there is an express agreement by one partner to repay to the other his share of advances made by the latter on account of the partnership business, the amount of such share becomes thereby the debt of the partner who has thus agreed to pay the same, which may be recovered in an action brought directly therefor, without any regard to the partnership relation between the parties or the state of their firm accounts.” (p. 192.) This complaint alleges an express…
2Cases cited1 opinion
- Sprout v. CrowleyWisconsin Supreme Court · 1872
3Cited by8 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Edwards v. RemingtonWisconsin Supreme Court · 1881
- Kaley v. OstrandWisconsin Supreme Court · 1908
- Gray v. LordWisconsin Supreme Court · 1938
- Haskins v. CurranIdaho Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.