La Flex v. Burss
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ola/rk County. The action was commenced in justice’s court, May 9,1888, to recover tlxe sum of $56.93 alleged to be due to the plaintiff for work and labor in chopping wood for the defendant in the winter of 1887-88, and the sum of $2.80, the alleged price of chickens sold and delivered by the plaintiff to the defendant. The complaint alleged that said sums became due jirior to the commencement of the action. The answer was a general denial.
Read the full summary
APPEAL from the Circuit Court for Ola/rk County. The action was commenced in justice’s court, May 9,1888, to recover tlxe sum of $56.93 alleged to be due to the plaintiff for work and labor in chopping wood for the defendant in the winter of 1887-88, and the sum of $2.80, the alleged price of chickens sold and delivered by the plaintiff to the defendant. The complaint alleged that said sums became due jirior to the commencement of the action. The answer was a general denial. The plaintiff, recovered judgment in the justice’s court, and the defendant appealed to the circuit court. ’ The cause…
1Opinion of the CourtCole, C. J.
We think there was no error in the trial court holding that the arrangement between the parties to this suit about cutting and marketing the cord-wood did not make them partners in that business. It seems that the defendant owned land upon which there was standing timber. He and the plaintiff entered into this arrangement. The latter was to cut the timber into cord-wood, and the former was to haul the cord-wood into market at coal kilns, and the money which was received from the cord-wood was *541to be divided equally between them. The arrangement was simply a mode of measuring the compensation…
2Cases cited2 opinions
- Ford v. SmithWisconsin Supreme Court · 1870
- Gilbank v. StephensonWisconsin Supreme Court · 1872
3Cited by1 opinion
- Sohns v. SlotemanWisconsin Supreme Court · 1893