Mayer v. Goldberg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This is an action to recover $582.94, alleged to be due the plaintiff for the breach of a contract entered into between the parties September 30, 1899, wherein and whereby the plaintiff agreed to devote his entire time and attention from December 31, 1899, to December 31, 1900, as a traveling salesman, to sell goods for the defendants in such territory as should be allotted to…
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Appeal from a judgment of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. This is an action to recover $582.94, alleged to be due the plaintiff for the breach of a contract entered into between the parties September 30, 1899, wherein and whereby the plaintiff agreed to devote his entire time and attention from December 31, 1899, to December 31, 1900, as a traveling salesman, to sell goods for the defendants in such territory as should be allotted to him, and in all respects to devote his whole time and attention to the interests of the defendants; that the defendants…
1Opinion of the CourtCassoday, C. J.
By the terms of the contract, the plaintiff was to have a salary and certain expenses. He was to have “a commission ... on all sales over $24,000.” The decision must turn upon the construction to be given to the additional clause of the contract quoted in the statement of facts, to the effect that, if either party canceled the contract by giving the notice in writing mentioned, then at the close of that “period the accounts” between the parties were “to be settled on the same basis as though the full period of this contract had elapsed.” The plaintiff had been employed under the contract less…
2Cases cited12 opinions
- Winona & St. Peter Land Co. v. MinnesotaSupreme Court of the United States · 1895
- Chicago, Rock Island and Pacific Railway v. Denver and Rio Grande RailroadSupreme Court of the United States · 1892
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Eschbach v. CollinsCourt of Appeals of Maryland · 1884
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3Cited by5 opinions
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Hampton Plains Realty Co. v. CohenWisconsin Supreme Court · 1934
- Zohrlaut v. MengelbergWisconsin Supreme Court · 1911
- Clarke v. Eureka County BankDistrict Court, D. Nevada · 1903
- American Bicycle Co. v. HoytWisconsin Supreme Court · 1903