Schenck v. Sterling Engineering & Construction Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. Tbe complaint sets forth two causes of action, one on express contract and one on quantum meruit.
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Appeal from an order of tbe circuit court for Milwaukee county: E. 0. Eschweilee, Circuit Judge. Tbe complaint sets forth two causes of action, one on express contract and one on quantum meruit. In tbe cause of action on express contract tbe plaintiffs allege an agreement on tbe part of tbe defendant to pay them as commission for procuring a purchaser for certain described premises all said property sold for over and above $54,000. Plaintiffs allege that they did procure purchasers in tbe persons of Morris Miller and Max Routt, who bought tbe property for $58,800, and that under tbe agreement…
1Opinion of the CourtBarnes, J.
The appellant is in a somewhat embarrassing situation. Two parties are claiming full compensation from *269it for performing the same service. Each claims to have secured the purchasers, and.neither admits that the other is entitled to any part of the compensation alleged to he due for the services rendered. Separate trials of the two actions may result in two judgments which will obligate the defendant to pay twice for the same service. To relieve itself from this dilemma, the defendant sought to enjoin the prosecution of one of the actions and to bring all of the parties before the court in the…
2Cases cited3 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Winninghoff v. WittigWisconsin Supreme Court · 1885
3Cited by4 opinions
- Pfingsten v. PfingstenWisconsin Supreme Court · 1916
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
- Schenck v. Sterling Engineering & Construction Co.Wisconsin Supreme Court · 1913
- Williams v. ParkerSupreme Court of South Carolina · 1924