Herman Andrae Electrical Co. v. Grossman
Herman Andrae Electrical Co. v. Grossman
Opinion of the Court
Plaintiff acted in all respects as if he were dealing with the corporation as principal through Grossman as its officer and agent. Unless the fact that Grossman individually held the liquor license compels a different result, the civil court correctly concluded that Grossman was not personally obligated to plaintiff.
Plaintiff suggests that because Grossman held the liquor license he is estopped from denying that he was dealing with plaintiff in his own behalf rather than as agent for the corporation. Plaintiff relies upon John Barth Co. v. Brandy (1917), 165 Wis. 196, 161 N. W. 766. There Schwartz
The instant case is different in two respects: In the Barth Case, Barth delivered and billed the goods as if the licensee were the principal; in the case before us, plaintiff treated the corporation (not the licensee) as the principal. In the Barth Case the goods supplied were liquor which only the licensee could lawfully sell; Brandy could not claim the liquor was sold to Schwartz without relying upon an arrangement between Schwartz and himself which contemplated unlawful sale of liquor by Schwartz. In the instant case the equipment repaired and serviced could well have been owned by the corporation and Grossman could have carried on the tavern business individually without any illegality in the arrangements between them.
A contract whereby Grossman would have agreed to act as agent for an unlicensed corporation in the sale of liquor would have been unlawful. Brill v. Salzwedel (1940), 235 Wis. 551, 292 N. W. 908. (We assume from the stipulation that the license was issued to Grossman, individually, and not to the corporation with Grossman its appointed agent. Sec. 176.05 (13), Stats.) But the record does not disclose the arrangement between the corporation and Gross-man with respect to the sale of liquor. No claim has been made that Grossman fraudulently induced plaintiff to deal
By the Court. — Judgment affirmed.
Reference
- Full Case Name
- Herman Andrae Electrical Company v. Grossman
- Status
- Published