Methodist Episcopal Church of Sun Prairie v. Sherman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiff is a religious society incorporated according to law, and brought this action to recover on an agreement alleged to have been entered into by defendant, June 17, 1868, by which he agreed to pay plaintiff one hundred dollars, to aid in finishing its church building then in process of construction, and in paying the indebtedness already incurred by plaintiff in constructing said building. Answer, a general denial.
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APPEAL from the Circuit Court for Dane County. The plaintiff is a religious society incorporated according to law, and brought this action to recover on an agreement alleged to have been entered into by defendant, June 17, 1868, by which he agreed to pay plaintiff one hundred dollars, to aid in finishing its church building then in process of construction, and in paying the indebtedness already incurred by plaintiff in constructing said building. Answer, a general denial. The court found the facts, in substance, as follows: At the time of the alleged agreement, plaintiff had been and was…
1Opinion of the CourtRyan, C. J.
The question on which this court was divided in Lathrop v. Knapp, 27 Wis., 214, was elaborately discussed in the briefs, on both sides of this case. But we cannot consider the question in this case. For a careful examination of the record satisfies us that a contract in form, valid or invalid, was not proved.
The respondent is a corporation aggregate, having a board of trustees to manage its affairs. We need not stop to consider how far the power to contract is in the aggregate body or in the select body. It must be wholly in the one or the other, *408or partly in both. There may be a doubt…
2Cases cited2 opinions
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Lathrop v. KnappWisconsin Supreme Court · 1870
3Cited by8 opinions
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- Johnson v. FilkingtonWisconsin Supreme Court · 1875
- Peters v. Peters Auto Sales, Inc.Wisconsin Supreme Court · 1967
- Anderson Bros. & Johnson Co. v. Sioux Monument Co.Supreme Court of Iowa · 1930
- Superior Consolidated Land Co. v. BickfordWisconsin Supreme Court · 1896
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