Brown v. Warner
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover on contract. Plaintiff’s claim was that he performed services for defendants in selling, exchanging and trading real estate at the agreed price for such service of $1 for each acre handled, and his expenses, including railroad fare and hotel bills incurred in the business; that the amount handled was 360 acres; that the expenses incurred were $36; that defendants became…
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover on contract. Plaintiff’s claim was that he performed services for defendants in selling, exchanging and trading real estate at the agreed price for such service of $1 for each acre handled, and his expenses, including railroad fare and hotel bills incurred in the business; that the amount handled was 360 acres; that the expenses incurred were $36; that defendants became indebted to him by reason thereof in the sum of $396, which became payable on or before May 5, 1894; and that the same…
1Opinion of the CourtMaeshaxl, J.
From the foregoing statement it will be seen that tbe primary vital question to be solved upon tbe trial of this case was, Did tbe parties to tbe litigation make tbe contract alleged in tbe complaint ? Plaintiff was allowed to introduce in evidence, generally, to prove bis cause of action, an account book in which transactions were entered in debit and credit form, as having occurred between bim and defendants, in harmony with bis testimony as to what tbe contract was. It is not claimed that tbe book was admissible as independent evidentiary matter other than under secs. 4186 and.4187, Stats.…
2Cited by5 opinions
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