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HALVORSON v. TARNOW

258 Wis. 11 (1950)

HALVORSON, Respondent, vs. TARNOW and another, Copartners, Appellants.

Supreme Court of Wisconsin.

November 8, 1950.

Attorney(s) appearing for the Case

For the appellants there were briefs by Hersh & Magidson, attorneys, and Frederick Hersh of counsel, all of Milwaukee, and oral argument by Arthur B. Magidson and Frederick Hersh.

For the respondent there was a brief by Walter D. Corrigan, Sr., and Thomas M. Corrigan, both of Milwaukee, and oral argument by Walter D. Corrigan, Sr.

BROADFOOT, J.

The appeal is based upon three grounds: (1) Plaintiff cannot recover on the theory of an express contract (a) because plaintiff's testimony shows there was no express contract, (b) if a contract can be implied from the facts it was a contract to pay commissions on orders shipped to customers and by plaintiff's own statement all such commissions were paid, (c) the contract between the parties as found by the trial...

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