Bannen v. Kindling
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Tbe appealing defendants, Louis Kindling, H. Buchen-herger, Paul K. Apel, and Kindling Machinery Company, joined in a demurrer to tbe complaint for insufficiency. Tbe demurrer was overruled and tbis appeal is therefrom.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNee, Circuit Judge. Tbe appealing defendants, Louis Kindling, H. Buchen-herger, Paul K. Apel, and Kindling Machinery Company, joined in a demurrer to tbe complaint for insufficiency. Tbe demurrer was overruled and tbis appeal is therefrom. Tbis is tbe complaint, in substance: In December, 1906, plaintiff and defendant Louis Kindling agreed to associate in establishing and operating a machinery business for placing on the market and vending a patented device for street cleaning, invented by Augustin Plentsckel, of Berlin,…
1Opinion of the CourtMaeshall, J.
The first proposition advanced by appellants’ counsel, is that the complaint does not show respondent to have performed his part of the agreement respecting Haekett. It is a sufficient answer thereto that the agreement contemplated association of Haekett with respondent in the management of a corporation organized as stipulated between the parties, appellant Kmdlvng controlling one half the stock and respondent the other half for himself and Haekett, and that, according to the pleading, appellants wrongfully prevented the creation of such condition.
The second proposition is that the complaint…
2Cases cited4 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- Morse v. GilmanWisconsin Supreme Court · 1863
- Bieri v. FongerWisconsin Supreme Court · 1909
3Cited by7 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Danielson v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913
- Rustles v. ChristensenWisconsin Supreme Court · 1932
- London & Lancashire Indemnity Co. of America v. American State BankWisconsin Supreme Court · 1943
- Klauser v. ReevesWisconsin Supreme Court · 1937
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