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WISCONSIN TELEPHONE CO. v. LEHMANN

274 Wis. 331 (1957)

WISCONSIN TELEPHONE COMPANY, Respondent, vs. LEHMANN, d/b/a W. R. LEHMANN & SON, Appellant.

Supreme Court of Wisconsin.

January 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Bernard J. Traeger of Watertown.

For the respondent there was a brief by Clifford & Fitzpatrick of Watertown, and oral argument by James A. Fitzpatrick.

WINGERT, J.

While the case was tried on the theory of ostensible agency, plaintiff's actual proof was that its employees having to do with the matter believed that defendant and Wayne were partners as W. R. Lehmann & Son. We may assume for present purposes that the evidence warranted the jury in finding that there was reasonable ground for that belief, and that defendant was responsible for the misleading appearances...

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