W. C. Zachow Co. v. Grignon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: Oscar M. Fritz, Judge. The action was brought by plaintiff against Grignon and Milles to recover a balance claimed to be due for. supplies furnished them 'for use in logging operations conducted by them for defendants Zachow and Rogers.
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Appeal from a judgment of the circuit court for Shawano county: Oscar M. Fritz, Judge. The action was brought by plaintiff against Grignon and Milles to recover a balance claimed to be due for. supplies furnished them 'for use in logging operations conducted by them for defendants Zachow and Rogers. The action was originally brought by plaintiff against defendants Grignon and Milles, and they set up that in the latter part of 1913 there had been a settlement between the plaintiff, acting through W. C. Zachow, and the defendants, in which it was agreed that certain accounts and claims which…
1Opinion of the CourtJoNes, J.
The indebtedness of the defendants Grignon and Milles to plaintiff, the Zachow Company, seems not to have been denied. But it was claimed that it had been released by a mutual agreement by which plaintiff was to release the defendants Grignon and Milles and to accept as a debtor in their, stead the copartnership of Zachow and Rogers. Of course the burden rested on those raising this defense to prove it. They sought to do so by proof that the president of the plaintiff corporation had done business with them at various times, that he had taken orders for the corporation, that their, business…
2Cases cited12 opinions
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
- Timme v. KopmeierWisconsin Supreme Court · 1916
- Figge v. BergenthalWisconsin Supreme Court · 1907
- St. Clair v. RutledgeWisconsin Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kline v. Little Rapids Pulp Co.Wisconsin Supreme Court · 1932
- Mann v. Erie Manufacturing Co.Wisconsin Supreme Court · 1963
- Netherton v. Frank Holton & Co.Wisconsin Supreme Court · 1927
- Johnson v. CrookWisconsin Supreme Court · 1934