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BENTLEY v. FAYAS

260 Wis. 177 (1951)

BENTLEY and others, Plaintiffs, vs. FAYAS and another, Defendants and Respondents: REYNOLDS PRESERVING COMPANY, Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

December 4, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding of counsel, all of Milwaukee, and oral argument by Roger C. Minahan.

For the respondents there was a brief by McCue, Regan & McCue of Milwaukee, and Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James R. Faulds and Joseph P. Holman.

CURRIE, J.

Whether or not a contract was entered into by Reynolds to provide Fayas with insurance, and the terms thereof (if it is found such a contract was made), must be determined from the testimony of Fayas and of one Kossow, an employee of Reynolds, who handled all negotiations with Fayas on behalf of Reynolds. No other witness testified on this issue.

Since 1934 Fayas has been licensed by the public service commission as a contract motor carrier, his...

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