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N. S. KOOS & SON CO. v. TEHAN

12 Wis.2d 554 (1961)

N. S. KOOS & SON COMPANY, Appellant, v. TEHAN, Respondent.

Supreme Court of Wisconsin.

February 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry C. Friend of Milwaukee.

For the respondent there was a brief by Martin J. Torphy and Rudolph John Mudroch, both of Milwaukee, and oral argument by Mr. Torphy.

DIETERICH, J.

In 1956, the plaintiff-appellant, N. S. Koos & Son Company sold and delivered fertilizer and insecticides to the defendant Tehan Farms, Inc., a corporation, of which the defendant Eugene Tehan or Gene Tehan was the president, treasurer, and principal stockholder. The sales were made on open account and were billed to Milwaukee Gardeners Association, Tehan Farms, Inc., which made instalment payments.

After a time the balance was carried in...

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