Brobst v. Marty
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green county: Geobge Geimm, Circuit Judge. This action was brought to secure partition of personal property, or a sale thereof in ease it could not be partitioned to advantage.
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Appeal from a judgment of tbe circuit court for Green county: Geobge Geimm, Circuit Judge. This action was brought to secure partition of personal property, or a sale thereof in ease it could not be partitioned to advantage. The court found as facts that the plaintiffs and certain others in February, 1898, organized a voluntary unincorporated association for the purpose of building a cheese factory and of manufacturing and selling cheese and butter, such association to be named the Spring Creek Cheese Manufacturing Company; that it was understood by the parties that their interests should be…
1Opinion of the CourtBauNes, J.
On the findings of fact made the plaintiffs were entitled to judgment. The owners of fifteen of the twenty-seven so-called shares of stock are plaintiffs. Plaintiffs also include four of the six owners of this stock. There was no agreement to continue the business for any specified length of time, and in fact it has been continued since 1898. No equitable consideration has been suggested which would justify the refusal of relief. The building cannot be partitioned and must therefore be sold. It does not follow that the purchaser will not continue to put it to the uses to which it *300has been…
2Cases cited4 opinions
- Stark v. BrownWisconsin Supreme Court · 1860
- Rinzel v. StumpfWisconsin Supreme Court · 1903
- E. M. Fish Co. v. YoungWisconsin Supreme Court · 1906
- Baringer v. EvensonWisconsin Supreme Court · 1906
3Cited by6 opinions
- Standard Oil Co. v. La Crosse Super Auto Service, Inc.Wisconsin Supreme Court · 1935
- Shields v. HansenWisconsin Supreme Court · 1930
- Zimmerman v. TrelevenWisconsin Supreme Court · 1927
- Old Line Life Insurance Co. of America v. HawnWisconsin Supreme Court · 1937
- Chabon v. LazarusNew Jersey Superior Court Appellate Division · 1952
1 more not listed; retrieve them via the Exa API.