Heinemann Bros. v. Wendt
Heinemann Bros. v. Wendt
Opinion of the Court
Heinemann Brothers Company is a corporation in the retail mercantile business in Wausau. The defendant, Mrs. Paul Wendt, a resident of Wausau, is a public
While there is a bill of exceptions in the case, there was no stenographic report of the evidence taken, and the record is very meager and unsatisfactory. It appears, however, that Heinemann Brothers Company is something of a family corporation; that prior to his death, N. Heinemann, the father, was the president of the corporation, and that his personal accounts were to some extent intermingled with the accounts of the corporation; that at least four sons survived him — Harry, Saul, Byron, and Fred. Harry was
Proceeding to consider defendant’s counterclaim item by item, we first come to the item “Services rendered to Heinemann Bros, thru Fred Heinemann, $45.” We are unable to tell what this item is for. The defendant testified: “Was asked by Saul to come to the office of Heine-mann Bros., and when I came there he turned me over to Byron. He asked me if I could not draft a system for books with the estate. Byron was interested in the estate; he was in the employ of Heinemann Bros. Saul and Byron talked it over with me and I did charge them $45 for that. Put in eight or ten hours altogether in doing that.” It would seem that this $45 was an afterthought, as it will be observed that when she sent her check for $1.56 to balance her account, her claim against Heinemann Bros, was only $75. According to her testimony the charge is for time involved in mere negotiations for the performance of services which were thereafter performed and charged for. We do not think the proof sustains this item as a valid claim against the Heinemann Bros, corporation.
The next item reads as follows: “System ordered drafted for Byron Heinemann, approved by Fred Heine-mann, $35.” Defendant testifies that this is for drafting a book for keeping the estate account and for separating the accounts of the estate and of the corporation. This is the book resulting from the negotiations for which she
It is undisputed that the $15 item wras for services rendered to the corporation. That should be allowed to the defendant against the corporation. It appears from defendant’s own testimony that the $25 item was for services rendered to Fred individually and not to the corporation. Plainly this is not a proper charge against the corporation. We conclude that defendant’s counterclaim should have been allowed in the sum of $50. Interest should be allowed both parties on their respective claims computed from the date of the commencement of the action. Yates v. Shepardsow, 39 Wis. 173; Farr v. Semple, 81 Wis. 230, 51 N. W. 319; Ryan Drug Co. v. Hvambsahl, 92 Wis. 62, 65 N. W. 873; Remington v. Eastern R. Co. 109 Wis. 154, 84 N. W. 898, 85 N. W. 321; Burke v. Sidra Bay Co. 116 Wis. 137, 92 N. W. 568; State ex rel. M., St. P. & S. S. M. R. Co. v. Railroad Comm. 137 Wis. 80, 117 N. W. 846.
By the Court. — Judgment reversed, and cause remanded with instructions to allow plaintiff’s claim at the sum of $76.50, together with interest thereon from the date of the commencement of the action; to allow defendant’s counterclaim at the sum of fifty ($50) dollars, together with interest thereon from the date of the commencement of the action; and to render judgment in favor of the plaintiff and against the defendant for the difference.
Reference
- Full Case Name
- Heinemann Brothers Company v. Wendt
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