Schumaker v. Heinemann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Action for damages for breach of contract.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Action for damages for breach of contract. The complaint sets forth bjT appropriate allegations that plaintiff was-employed by defendants as a traveling salesman for the year 1894, his compensation to be nine and one-half per cent, for all goods sold by him of certain classes, and five per cent, for other goods, he to pay his own expenses; that before the year expired, defendants discharged the plaintiff without any just cause therefor. The damage claimed was the amount plaintiff was prevented from…
1Opinion of the CourtMarshall, J.
Defendants’ counsel demanded a special verdict in a form suggested by them, and it is assigned as error that the demand was not complied with. Sec. 2858, R. S. 1878, secures to a party desiring a special verdict the right thereto, but the duty of framing the questions is solely for the court. The only legitimate purpose of suggestions from counsel, as to what particular questions shall be submitted, is to direct the attention of the court to the issuable facts upon which the controversy depends. If the verdict does not cover all the issues essential to a determination of the case, no judgment…
2Cases cited2 opinions
- Treat v. HilesWisconsin Supreme Court · 1892
- Shaver v. InghamMichigan Supreme Court · 1886
3Cited by30 opinions
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- Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Dixie Glass Co. v. PollakCourt of Appeals of Texas · 1960
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