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MANITOWOC PORTLAND CEMENT CO. v. SCHUETTE

No. 294.

39 Wis.2d 593 (1968)

159 N.W.2d 699

MANITOWOC PORTLAND CEMENT COMPANY, Respondent, v. SCHUETTE and others, d/b/a SCHUETTE BUILDERS COMPANY, and another, Appellants.

Supreme Court of Wisconsin.

Decided June 28, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Murphy & Brady of Manitowoc, for Schuette Builders Company, and by Everson, Whitney, O'Melia, Everson & Brehm of Green Bay, for United Pacific Insurance Company, and oral argument by Frank A. Murphy and James L. Everson,

For the respondent there was a brief by Kaumheimer, Reinhart, Boerner, Van Deuren & Norris, attorneys, and Allen N. Rieselbach and Donald J. Christi of counsel, and oral argument by Paul V. Lucke, all of Milwaukee.

ROBERT W. HANSEN, J.

If the facts are as stated in plaintiff's affidavits, plaintiff is entitled to judgment, the act of the partner binding the partnership. If the facts are exactly as stated in defendants' counteraffidavits, plaintiff could not establish an authorization to apply partnership funds to pay a corporate debt, the act not being in the usual course of business of the partnership and not binding on all partners...

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