Weston v. McMillan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. . Tbe complaint alleges, in substance, that, during tbe sawing season of 1874, and prior to September 1st of that year, plaintiffs sawed and piled for defendants, at their request, 400,000 feet of logs, at tbe agreed price of $3 per thousand for the sawing'; and that the sum of $260.35 became due therefor at the date last mentioned, which defendants have refused to pay on demand, etc.
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APPEAL from tbe Circuit Court for Portage County. . Tbe complaint alleges, in substance, that, during tbe sawing season of 1874, and prior to September 1st of that year, plaintiffs sawed and piled for defendants, at their request, 400,000 feet of logs, at tbe agreed price of $3 per thousand for the sawing'; and that the sum of $260.35 became due therefor at the date last mentioned, which defendants have refused to pay on demand, etc. The answer contains a general denial, and alleges that on the 6 th of February, 1874, the parties entered into an agreement by which plaintiffs were to deliver…
1Opinion of the Court
EyaN, O. J.
The only question in this case worthy of consideration is, whether the respondents could show by parol that they made the simple contract in their own name, with Stevens, on behalf of the appellants, and as their agents; and that is no longer an open question in this court. Stowell v. Eldred, 39 Wis., 614; Saveland v. Green, 40 id., 431. In Stowell v. Eldred, the rule is cited from Judge Story’s admirable work on Agency. And we cannot do better here than add to his, the language of Baron Parke, in Higgins v. Senior, 8 M. & W., 834:
“ There is no doubt that where such an agreement is…
2Cases cited2 opinions
- Stowell v. EldredWisconsin Supreme Court · 1876
- Flanders v. CottrellWisconsin Supreme Court · 1875
3Cited by5 opinions
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Lauer v. BandowWisconsin Supreme Court · 1878
- McKinney v. JonesWisconsin Supreme Court · 1882
- Rathmann v. SchwanzWisconsin Supreme Court · 1920
- Yellow Manufacturing Acceptance Corp. v. BritzWisconsin Supreme Court · 1960