City of Kiel v. Frank Shoe Manufacturing Co.

When the parties to this appeal were here on demurrer to the complaint, Kiel v. Frank Shoe Mfg. Co. 240 Wis. 594, 597, 4 N. W. (2d) 117, we decided that the ar rangement attempted to be made on behalf of the city of Kiel with the appellants was beyond the power of the city “and for that reason illegal and void, therefore not- in any legal sense a contract,” citing Wendlandt v. Hartford Accident & Indemnity Co. 222 Wis. 204, 268 N. W. 230. And because the complaint alleged that the individual appellants had knowingly and fraudulently procured the payment of the money, it was, then ruled that a…