148 Wis. 32 | Wis. | 1912
The appellant is tbe surviving partner of tbe firm of Hackett & IToff, which consisted of himself and Edward P. Hackett, now deceased, and tbe defendants are tbe executors of the latter. The . case was decided in tbe circuit court upon an agreed statement of facts submitted pursuant to sec. 2788, Stats. (1898). Tbe controversy is whether a surviving partner, representing tbe firm or representing himself
Intention is usually a question of fact, and it is always a question of fact where, from other uncontroverted facts relative to intention, contradictory inferences may be drawn. The circuit court erroneously termed his decision a conclusion of law, but the judgment under the statute in question, sec. 2188, Stats. (1898), must-be considered a determination of both facts and law in favor of the party for whom judgment is given.
By the Court. — Judgment affirmed.