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PRIME MFG. CO. v. KELLY

3 Wis.2d 156 (1958)

PRIME MANUFACTURING COMPANY, Respondent, vs. KELLY and another, Appellants.

Supreme Court of Wisconsin.

February 4, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Quarles, Herriott & Clemons, attorneys, and Maxwell H. Herriott and Laurence C. Hammond, Jr., of counsel, all of Milwaukee, and oral argument by Maxwell H. Herriott.

For the respondent there was a brief by Michael, Spohn, Best & Friedrich, attorneys, and Herman E. Friedrich and John K. MacIver of counsel, all of Milwaukee, and oral argument by Mr. Herman E. Friedrich and Mr. MacIver.

MARTIN, C. J.

Plaintiff Prime Manufacturing Company is a Wisconsin corporation and it has for many years engaged in the business of selling to railroads sander equipment, solenoid valves, drain valves, and bell ringers which it purchased from Graham-White Manufacturing Company of Salem, Virginia, under an oral arrangement. For many years prior to March 15, 1957, D. Allcott Kelly was employed by plaintiff as "assistant to the president." Kelly was in charge of resale...

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