KOEHRING CO. v. GLOWACKI

No. 75-222.

77 Wis.2d 497 (1977)

253 N.W.2d 64

KOEHRING COMPANY, Appellant, v. GLOWACKI, Respondent.

Supreme Court of Wisconsin.

Decided May 3, 1977.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Thomas R. Fahl and Brendel, Flanagan & Sendik, S. C. of Wauwatosa.

For the respondents the cause was submitted on the brief of Jerry R. Albert, Timothy J. Strattner and Murphy, Shapiro, Gorsky & Dubin, all of Milwaukee.


ROBERT W. HANSEN, J.

The trial court held (1) there was no valid written contract between plaintiff and defendant for the sale of the surplus machinery; and (2) there was no principal-agent relationship between defendant and one William Garland which would bind defendant by Garland's acceptance of the machinery involved.

As to the exchange of telegrams upon which plaintiff relies to establish a contract, the trial court in its memorandum opinion found:

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