Wilson v. Groelle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Claris County. This action was brought to recover $400 for a car load of flour, alleged to have been Sold and delivered by the plaintiff to the defendant, and the answer was a general denial, and upon trial before a jury the defendant had a verdict and judgment, from which the plaintiff appealed.
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APPEAL from the Circuit Court for Claris County. This action was brought to recover $400 for a car load of flour, alleged to have been Sold and delivered by the plaintiff to the defendant, and the answer was a general denial, and upon trial before a jury the defendant had a verdict and judgment, from which the plaintiff appealed. On behalf of the plaintiff it was claimed, and evidence was given tending to support the claim, that the flour was sold to defendant by one S. E. Eolph, as his agent, under an arrangement with him proposed by letter from the latter, by which he was to sell flour and…
1Opinion of the CourtPinney, J.
1. We think, in view of all the evidence, a more particular statement of which would serve no useful purpose, that the court properly submitted it to the jury whether in the sale of the flour, etc., Rolph was an agent of the plaintiff, or whether the credit was given to Rolph and the flour was sold to him; that in the latter case the plaintiff could not recover at all, but that in the former case he had a right to notify the defendant, and maintain his action to recover the balance due from the defendant for the flour at the time he received notice of the plaintiff’s rights. If an agent sells…
2Cases cited2 opinions
- Winner v. HoytWisconsin Supreme Court · 1887
- Adams v. FilerWisconsin Supreme Court · 1859
3Cited by7 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Andrews v. RobertsonWisconsin Supreme Court · 1901
- Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
- Savich v. HinesWisconsin Supreme Court · 1921
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