Cooban v. Bryant
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Actions commenced in justice’s court. The complaint of Mrs. Cooban, in the first named action, alleges that on or about September 3, 1870, she and defendant made an agreement whereby she was to act as agent for defendant in selling the Howe sewing machine, in consideration whereof defendant agreed to pay her “ a commission of twenty per cent, on the gross amount of sales of the said Howe sewing machine made by the plaintiff,…
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APPEAL from the County Court of Milwaukee County. Actions commenced in justice’s court. The complaint of Mrs. Cooban, in the first named action, alleges that on or about September 3, 1870, she and defendant made an agreement whereby she was to act as agent for defendant in selling the Howe sewing machine, in consideration whereof defendant agreed to pay her “ a commission of twenty per cent, on the gross amount of sales of the said Howe sewing machine made by the plaintiff, one-half of which was to be paid at the time of sale of the said machines, and the balance in one month from the time of…
1Opinion of the CourtCole, J.
It seems to us quite impossible to distinguish *610these cases in principle from Nimmick v. Mathiesson, 32 Wis., 324. Commissions were paid by the defendant from time to time, generally upon each account, but do not seem to have been applied to the.extinguishment of any particular items or portions of the account; and there has been no settlement or account stated between the parties. Now, in order to ascertain the sum due each plaintiff, it seems to us it is necessary to consider the entire amount of sales made by such party, deducting from the commissions the payments made by the defendant.…
2Cases cited3 opinions
- Lamoure v. CarylNew York Supreme Court · 1847
- Matteson v. BloomfieldNew York Supreme Court · 1833
- Nimmick v. MathiessonWisconsin Supreme Court · 1873
3Cited by19 opinions
- Stacy v. MullinsSupreme Court of Virginia · 1946
- Brondberg v. BabbottNebraska Supreme Court · 1883
- Union Pacific Railway v. OgilvyNebraska Supreme Court · 1886
- Ball v. BiggamSupreme Court of Kansas · 1890
- Town of Washburn v. Washburn Waterworks Co.Wisconsin Supreme Court · 1904
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