Roche v. Pennington
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for St. Croix county: E. B. Bunny, Circuit Judge. Tbe plaintiff brought bis action against tbe defendants, wbo carried on business under tbe name of F. Permmgton in manufacturing lumber at tbeir mill, to recover tbe sum of $700 and interest, under a contract by wbicb be was to work for them as foreman and saw filer for tbe period of •one year from April 1,1890, to April 1, 1891; tbe defendants to pay him tbe sum of $1,000 and bis…
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Appeal from a judgment of tbe circuit court for St. Croix county: E. B. Bunny, Circuit Judge. Tbe plaintiff brought bis action against tbe defendants, wbo carried on business under tbe name of F. Permmgton in manufacturing lumber at tbeir mill, to recover tbe sum of $700 and interest, under a contract by wbicb be was to work for them as foreman and saw filer for tbe period of •one year from April 1,1890, to April 1, 1891; tbe defendants to pay him tbe sum of $1,000 and bis board for such services,— for tbe first seven months at tbe rate of $100 per month, and for tbe last five months at tbe…
1Opinion of the CourtPutney, J.
1. There was, we think, sufficient evidence,, when the plaintiff rested, to go to the jury to show that the-contract relied on, and found by the jury to have been made,, was presumptively within the authority of the agent, Harper. The evidence tended to show that he was the general agent of the defendants in charge of and conducting their mill. The presumption is that he possessed the powers usual *111and reasonably necessary to discharge the duties and carry on the business confided to him, such as are usually exercised by other similar agents under like circumstances. It-was necessary to have…
2Cases cited5 opinions
- Nelson v. . the H.R.R.R. Co.New York Court of Appeals · 1872
- Pickert v. MarstonWisconsin Supreme Court · 1887
- Dugan v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Smith v. NippertWisconsin Supreme Court · 1891
- Cannon v. HenryWisconsin Supreme Court · 1890
3Cited by7 opinions
- Parr v. Northern Electrical Manufacturing Co.Wisconsin Supreme Court · 1903
- Waupaca Electric Light & Railway Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Meating v. Tigerton Lumber Co.Wisconsin Supreme Court · 1902
- Ames v. D. J. Murray Manufacturing Co.Wisconsin Supreme Court · 1902
- Westurn v. PageWisconsin Supreme Court · 1896
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