JOLIN v. OSTER

No. 170.

44 Wis.2d 623 (1969)

172 N.W.2d 12

JOLIN and others, Appellants, v. OSTER and others, Respondents.

Supreme Court of Wisconsin.

Decided November 25, 1969.


Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland and by Kersten & McKinnon, attorneys, and Victor M. Harding and George P. Kersten of counsel, all of Milwaukee, and oral argument by George P. Kersten and Victor M. Harding.

For the respondents John Oster, Jr., and Deltrol Corporation there was a brief and oral argument by Ray T. McCann, attorney, and John T. McCann of counsel, both of Milwaukee.

For the respondent Marshall & Ilsley Bank there was a brief by Grootemaat, Cook & Franke and by Churchill, Duback & Smith, attorneys, and Francis R. Croak of counsel, all of Milwaukee, and oral argument by Mr. Croak.


HALLOWS, C. J.

On this appeal many issues are raised but most of them need not be discussed in view of the necessity for a new trial to determine the issues of the existence of a joint venture, breach and damages.

In 1958 Gerald Jolin formed a family partnership called "Gerald Jolin and Sons" and engaged in the recreational land development business for the next three years. This business consisted of purchasing raw land, developing, and subdividing it, and...

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