Winninghoff v. Wittig
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. This is ail appeal from ail order joining George Kern, Sr., and George Kern, Jr,, as defendants in an action brought by F&ward Winninghoff against Jacob Wittig and Louis Kern to recover a balance of $200 due Mm on the sale to them of a livery stock and business, and consolidating suck action with, one brought by the said Jacob Wittig, Louis Kern, George Kern, Sr., and George Kern,. Jr., against the said Winninghoff on a…
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APPEAL from the Circuit Court for Washington County. This is ail appeal from ail order joining George Kern, Sr., and George Kern, Jr,, as defendants in an action brought by F&ward Winninghoff against Jacob Wittig and Louis Kern to recover a balance of $200 due Mm on the sale to them of a livery stock and business, and consolidating suck action with, one brought by the said Jacob Wittig, Louis Kern, George Kern, Sr., and George Kern,. Jr., against the said Winninghoff on a bond given by him to Jacob Wittig and Louis Kern at the time of the sale, not to engage in the livery business again at…
1Opinion of the CourtCole, C. J.
"We cannot see that the consolidation of these actions will result in any advantage to any one. It will inevitably delay and embarrass the appellant in the collection of the $200 which is admitted to be due him on the sale of his livery stock and business. He made that sale to Wittig and Louis Kern, and at the same time gave them his bond for $1,000, conditioned that he would quit the business of keeping livery at "West Bend, and would not for five years engage in the business again, either on his own account or as a partner, nor as a servant for any one who was engaged in the livery…
2Cases cited4 opinions
- Bassett v. HughesWisconsin Supreme Court · 1877
- McDowell v. LaevWisconsin Supreme Court · 1874
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Kimball v. NoyesWisconsin Supreme Court · 1864
3Cited by4 opinions
- Biron v. EdwardsWisconsin Supreme Court · 1890
- House v. Sterling Fire Ins.Utah Supreme Court · 1919
- Schenck v. Sterling Engineering & Construction Co.Wisconsin Supreme Court · 1912
- Wagner v. Racine CountyWisconsin Supreme Court · 1915