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Business Associations Keyed to Coffee, 9th Ed.
Tift v. Forage King Industries, Inc.
Citation:
108 Wis. 2d 72, 322 N.W.2d 14 (1982)Facts
In 1961-62, Woodrow Wiberg, operating as a sole proprietor under the name Forage King Industries, manufactured a chopper box that allegedly caused severe injuries to Calvin Tift on October 4, 1975. Wiberg had purchased the business from Vernon Nedland in 1957. In 1968, Wiberg and Nedland formed a partnership that shortly thereafter incorporated as Forage King Industries, Inc. The corporation moved from Prairie Farm to Ridgeland, Wisconsin, but retained the same employees, manufactured identical products, and sold to the same dealers as the sole proprietorship. Late in 1968, Nedland sold his stock to Wiberg but remained a director. In 1975, the Tester Corporation acquired Forage King Industries, Inc. by purchasing all of Wiberg’s stock. The corporation continued to manufacture substantially the same products, including chopper boxes. In 1978, Calvin Tift and his father sued Forage King Industries, Inc. and its insurer, claiming the corporation was a successor to the manufacturer of the defective chopper box and therefore responsible for Calvin’s injuries.
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