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LAWRENCE INVESTMENT CO. v. WENZEL & HENOCH CO.

263 Wis. 13 (1953)

LAWRENCE INVESTMENT COMPANY, Appellant, vs. WENZEL & HENOCH COMPANY, Respondent.

Supreme Court of Wisconsin.

January 6, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Orth, Riedl & Orth of Milwaukee, and oral argument by Charles A. Riedl.

For the respondent there was a brief by Harvey C. Hartwig, attorney, and Bernard C. Westfahl of counsel, both of Milwaukee, and oral argument by Mr. Hartwig.

FRITZ, C. J.

Plaintiff's complaint alleged that its articles of incorporation were amended by resolution adopted February 8, 1929, which provided for an authorized capital stock of $85,000, consisting of 500 shares of common stock of the par or face value of $100 each, and 350 shares of preferred stock also of the par value of $100 each; and that said resolution provided:

"Out of the profits of the corporation dividends shall be paid upon issued and outstanding...

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