HILL-BEHAN LUMBER CO. v. McDONALD


265 Wis. 409 (1953)

HILL-BEHAN LUMBER COMPANY, Respondent, vs. McDONALD, Appellant.

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

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

For the respondent there was a brief by Strehlow & Cranston and Kaftan, Kaftan & Kaftan, all of Green Bay, and oral argument by Fred F. Kaftan.


MARTIN, J.

The only question involved is whether the settlement agreement entered into between Fleishman Lumber Company and the defendant was binding upon the plaintiff. The trial court held that it was not.

Hill-Behan was not a party to any agreement between Fleishman and the defendant; and we are unable to find anything in the record to show that an agency relationship existed between Fleishman and the plaintiff. It is conceded by both parties that they...

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