Legal Opinion

Lachner v. Salomon

Wisconsin Supreme Court

Decided July 19, 1859PublishedCited by 9 opinions

ATTEAL VROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action in the circuit court of Milwaukee county to recover the value of 129 cords of wood delivered to the defendants, and which the defendants had sold for the plaintiff, who claimed $139 36 as the balance due.

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ATTEAL VROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action in the circuit court of Milwaukee county to recover the value of 129 cords of wood delivered to the defendants, and which the defendants had sold for the plaintiff, who claimed $139 36 as the balance due. The answer of the defendants denied the complaint, and insisted, by way of defense, that the. wood in the complaint mentioned was sold by the defendants as the agents of one Francis Ber-genthal, and not as the agents of the plaintiff; that the defendants have accounted to Bergenthal for the wood, and that the defendants are…

1Opinion of the Court

By the Oourt,

Paine, J.

This action was brought to recover a balance for wood alleged to have been delivered by plaintiff to defendants, and sold by them for him. The defense was that the defendants sold the wood for one Bergen-thal, to whom the plaintiff had previously sold it, and to whom they had accounted for the proceeds.

The evidence offered at the trial showed an agreement be*133tween Kemper, the agent for the plaintiff, and Bergenthal, by which Kemper was to sell the latter one hundred and twenty cords of plaintiff’s wood, on which Bergenthal was to pay $70, and the balance of -the wood was…

2Cited by9 opinions

  1. Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
  2. Lampman v. Van AlstyneWisconsin Supreme Court · 1896
  3. Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
  4. Austin v. MoeWisconsin Supreme Court · 1887
  5. Knox v. WebsterWisconsin Supreme Court · 1864

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