Jensen v. Miller
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Racine county: E. B. BeudeN, Circuit Judge. Action to recover $100 paid defendant as part purchase price of a -farm. Defendant acted as agent for one Hansche in the sale of the latter’s farm to the plaintiff. A written contract of sale was entered into between plaintiff and Hansche which recited that $100 of the purchase price was paid.
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Appeal from a judgment of tbe circuit court for Racine county: E. B. BeudeN, Circuit Judge. Action to recover $100 paid defendant as part purchase price of a -farm. Defendant acted as agent for one Hansche in the sale of the latter’s farm to the plaintiff. A written contract of sale was entered into between plaintiff and Hansche which recited that $100 of the purchase price was paid. Defendant concedes that through no fault of plaintiff Hansche was unable to convey the title bargained for. After Hansche’s default and while the money paid was still in the hands of defendant a demand for its…
1Opinion of the CourtViNJE, J.
The chief contention of defendant is that the action cannot be maintained against him because he was the agent of a disclosed .principal; that this is an action upon a contract made between plaintiff and Hansche, and since in such a contract defendant did not bind himself as surety or otherwise, the action must be brought against the principal and not the agent, citing McCurdy v. Rogers, 21 Wis. 197; Charboneau v. Henni, 24 Wis. 250; West v. Wells, 54 Wis. 525, 11 N. W. 677; and numerous decisions from other jurisdictions. The claim is further made that if money is paid ' to a known agent for…
2Cases cited5 opinions
- McCurdy v. RogersWisconsin Supreme Court · 1866
- Siggins v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- West v. WellsWisconsin Supreme Court · 1882
- Blizzard v. BrownWisconsin Supreme Court · 1913
- Charboneau v. HenniWisconsin Supreme Court · 1869
3Cited by5 opinions
- Gauss v. KirkCourt of Appeals for the D.C. Circuit · 1952
- Gust v. WilsonNorth Dakota Supreme Court · 1953
- Weeks v. SummerlinCourt of Appeals of Tennessee · 1970
- Gentilli v. BrennanWisconsin Supreme Court · 1930
- Perry v. Thorpe Bros.Supreme Court of Minnesota · 1963