IOWA NATIONAL MUT. INS. CO. v. BACKENS

No. 69.

51 Wis.2d 26 (1971)

186 N.W.2d 196

IOWA NATIONAL MUTUAL INSURANCE COMPANY and another, Appellants, v. BACKENS, d/b/a GOODYEAR OK TIRE SERVICE, Defendant: GOODYEAR TIRE & RUBBER COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided May 4, 1971.


Attorney(s) appearing for the Case

For the appellants there were briefs by Robert D. Johns, Jr., and Johns, Flaherty, Harman & Gillette, all of La Crosse, and oral argument by Robert D. Johns, Jr.

For the respondent there was a brief by Stafford, Rosenbaum, Rieser & Hansen, and oral argument by Richard A. Hollern, all of Madison.


BEILFUSS, J.

The parties have presented two issues on this appeal:

(1) Was Howard Backens an apparent agent or did he have apparent authority to act on behalf of the Goodyear Tire & Rubber Company?

(2) If Backens was not an apparent agent, did the Goodyear Tire & Rubber Company have the duty to regulate and supervise the operation of his business for the protection of his customers?

The first...

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