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LEVIN v. PERKINS

12 Wis.2d 398 (1961)

LEVIN and others, Copartner, Appellants, v. PERKINS, Respondent.

Supreme Court of Wisconsin.

February 7, 1961.

Attorney(s) appearing for the Case

For the appellants there were briefs by Godfrey, Godfrey & Neshek of Elkhorn, and oral argument by Milton E. Neshek.

For the respondent there was a brief and oral argument by R. G. Richardson, Jr., of Delavan.

HALLOWS, J.

The trial judge took the view the contract lacked mutuality of obligation under the doctrine of Pessin v. Fox Head Waukesha Corp. (1939), 230 Wis. 277, 282 N. W. 582, and Hoffmann v. Pfingsten (1951), 260 Wis. 160, 50 N.W.2d 369, 26 A. L. R. (2d) 1131, and also was indefinite. The court gave as its reasons that under the contract the defendant had to continue in business ten years, pay a minimum royalty and...

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