Legal Opinion

Fowler v. Metzger Seed & Oil Co.

Wisconsin Supreme Court

Decided April 30, 1907PublishedCited by 2 opinions

Appeals from a judgment and an order of tbe superior ■court of Douglas county: A. J. ViNJE, Judge. This action was commenced August 20, 1903, to recover $2,500 upon an agreement made prior to November 1, 1901, whereby tbe defendant, a corporation located at Toledo, Ohio, agreed to pay tbe plaintiff, residing in Superior, for buying flaxseed for tbe defendant at tbe rate of one cent per busbel, and in addition thereto to pay to tbe plaintiff $50 per month, tbe plaintiff to…

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Appeals from a judgment and an order of tbe superior ■court of Douglas county: A. J. ViNJE, Judge. This action was commenced August 20, 1903, to recover $2,500 upon an agreement made prior to November 1, 1901, whereby tbe defendant, a corporation located at Toledo, Ohio, agreed to pay tbe plaintiff, residing in Superior, for buying flaxseed for tbe defendant at tbe rate of one cent per busbel, and in addition thereto to pay to tbe plaintiff $50 per month, tbe plaintiff to forward or advance on account of tbe defendant moneys for tbe purpose of assisting in tbe purchase and binding tbe…

1Opinion of the CourtCassoday, C. J.

1. The plaintiff seeks to reverse the judgment upon two grounds, neither of which goes to the merits of the action. One of the errors assigned is that the court improperly ordered the issues in this action and the action of the Dakota Elevator Company against this same defendant to be separately tried, contrary to the stipulation between the parties made April 9, 1904, as set forth in the foregoing statement. TRis order or direction of the court to try the two causes separately was made August 1, 1905, nearly sixteen months after the making of the stipulation. In the meantime the pleadings…

2Cases cited11 opinions

  1. Cord v. SouthwellWisconsin Supreme Court · 1862
  2. Hoey v. PierronWisconsin Supreme Court · 1886
  3. Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
  4. Wheeler v. RussellWisconsin Supreme Court · 1896
  5. Winnebago County v. Dodge CountyWisconsin Supreme Court · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
  2. Elmergreen v. KernWisconsin Supreme Court · 1921

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