EBENREITER v. FREEMAN


274 Wis. 290 (1956)

EBENREITER, Appellant, vs. FREEMAN, Respondent.

Supreme Court of Wisconsin.

December 7, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief by Lehner, Lehner & Behling, Adolph P. Lehner, and Howard N. Lehner, all of Oconto Falls, and oral argument by Howard N. Lehner.

For the respondent there was a brief and oral argument by Emmet McCarthy of Marinette.


STEINLE, J.

The crucial question presented is whether the trial court's finding that the plaintiff was the seller, is against the clear preponderance of the evidence. It is not disputed that the sale of the cattle was in violation of secs. 95.49 and 95.495, Stats. 1949. There is no challenge by the plaintiff of the defendant's position that since the sale was prohibited by statute, it was invalid and unenforceable. The controversy...

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