Ebenreiter v. Freeman

The crucial question presented is whether the trial court’s finding that the plaintiff was the seller, is against the clear preponderance of the evidence. It is not disputed that the sale of the cattle was in violation of secs. 95.49 and 95.495, Stats. 1949. There is no challenge by the plaintiff of the defendant’s position that since the sale was prohibited by statute, it was invalid and unenforceable. The controversy involves principally a construction of that clause in the conditional sales contract which provides: “The consideration hereof is the conditional sale to the maker hereof, of…