Gessner v. Roeming
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: J. A. Baisitey, Judge. Action against Roeming and Opperman as copartners under the name of the Northern Contracting Company to recover hoard furnished them. Plaintiff was a hotel-keeper in Horicon. The defendants were building contractors living elsewhere, who had a contract for work in Horicon requiring their presence while in progress.
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Appeal from a judgment of the county court of Dodge county: J. A. Baisitey, Judge. Action against Roeming and Opperman as copartners under the name of the Northern Contracting Company to recover hoard furnished them. Plaintiff was a hotel-keeper in Horicon. The defendants were building contractors living elsewhere, who had a contract for work in Horicon requiring their presence while in progress. The evidence tends to prove that Roeming applied to plaintiff for board for his men and for himself and partner and was given rates; that while the work was in progress certain of the workmen were…
1Opinion of the CourtDodge, J.
If there was any credible evidence which, most favorably considered and with the aid of all inferences which might reasonably be drawn, tended to establish that defendant Roeming, on behalf of himself or on behalf of a partnership' consisting of himself and Opperman, requested the furnishing of board by the plaintiff to his partner, the question should have been submitted to the jury. In such case the court has no right to assume to decide it. Leiser v. Kieckhefer, 95 Wis. 4, 69 N. W. 979; Beyer v. St. Paul F. & M. Ins. Co. 112 Wis. 138, 141, 88 N. W. 57; Tiborsky v. C., M. & St. P. R. Co.…
2Cases cited6 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Gunderson v. StruebingWisconsin Supreme Court · 1905
- Zentner v. Oshkosh Gas Light Co.Wisconsin Supreme Court · 1905
- Tiborsky v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1905
- Leiser v. KieckheferWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thoe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1923
- Oesterreich v. ClaasWisconsin Supreme Court · 1940
- Bloom v. KruegerWisconsin Supreme Court · 1923
- Price v. Bank of PoynetteWisconsin Supreme Court · 1910
- Fisher v. Waupaca Electric Light & Railway Co.Wisconsin Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.