Legal Opinion

Dore v. Glenn Rock Mineral Spring Co.

Wisconsin Supreme Court

Decided October 24, 1911PublishedCited by 3 opinions

Appeal from a judgment of tbe county court of Waukesha county: M. S. Gbiswold, Judge. Tbis action was brought to recover commissions alleged to-be due tbe plaintiff under tbe following contract: “Tbis agreement made in duplicate tbis lltb day of June, 1906, between tbe Glenn Rode Mineral Spring Company, a corporation, party of tbe first part, and Paul Q. Dore, of Wau-kesba, Wisconsin, party of tbe second part, “Witnessetb: That tbe party of tbe second part is to bave charge…

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Appeal from a judgment of tbe county court of Waukesha county: M. S. Gbiswold, Judge. Tbis action was brought to recover commissions alleged to-be due tbe plaintiff under tbe following contract: “Tbis agreement made in duplicate tbis lltb day of June, 1906, between tbe Glenn Rode Mineral Spring Company, a corporation, party of tbe first part, and Paul Q. Dore, of Wau-kesba, Wisconsin, party of tbe second part, “Witnessetb: That tbe party of tbe second part is to bave charge of tbe bottling plant of said corporation, situated in tbe city of Waukesba, Wisconsin, and to be general…

1Opinion of the Court

KerwiN, T.

Tbe only questions involved are whether the commissions were payable monthly under the contract, and the amount of recovery. If commissions were due monthly, then the plaintiff was entitled to payment when he demanded, at the end of each month, and refusal of defendant to pay was sufficient cause to justify plaintiff leaving the employment. La Coursier v. Russell, 82 Wis. 265, 52 N. W. 176; Jung B. Co. v. Konrad, 187 Wis. 107, 118 N. W. 548; Tilton v. J. L. Gates L. Co. 140 Wis. 197, 121 N. W. 331.

The contract is not as plain as it might be. It provides for' payment of “commission…

2Cases cited5 opinions

  1. Harrington v. SmithWisconsin Supreme Court · 1871
  2. La Coursier v. RussellWisconsin Supreme Court · 1892
  3. Estate of GarbadeWisconsin Supreme Court · 1925
  4. Tilton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1909
  5. Jung Brewing Co. v. KonradWisconsin Supreme Court · 1908

3Cited by3 opinions

  1. Lontkowski v. IgnarskiWisconsin Supreme Court · 1959
  2. Knuth v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1957
  3. Waters Motor Co. v. Grain Dealers Mutual InsuranceWisconsin Supreme Court · 1961

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