Legal Opinion

Goesel v. Davis

Wisconsin Supreme Court

Decided October 11, 1898PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for-Milwaukee county: D. IT. JohNsoh, Circuit Judge. Action to recover $1,400 and interest claimed to be due plaintiff from defendant on a sale of land. It was admitted that plaintiff sold the lands for $1,475, $75 of which was paid down.

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Appeal from a judgment of the circuit court for-Milwaukee county: D. IT. JohNsoh, Circuit Judge. Action to recover $1,400 and interest claimed to be due plaintiff from defendant on a sale of land. It was admitted that plaintiff sold the lands for $1,475, $75 of which was paid down. Plaintiff claimed the balance was to be paid in one year without interest, while defendant claimed that it was paid when the deed was delivered, by $1,400 par value in the stock of the Caledonia Land Company. There was no question on the evidence but that the stock was delivered to the plaintiff, but he claimed it…

1Opinion of the CourtMarshall, J.

There was evidence tending to show that, defendant was represented by one Ganing in making the trade with plaintiff. The scope of the agent’s authority was called in question. On that the court was requested to submit to the jury the following question: “Was Ganing authorized by the defendant to buy the plaintiff’s property for cash or was his authority limited to trading of land stock? ” The request was refused, and that is assigned as error. The ruling was proper because of the form of the question, if for no other reason. It called for a direct answer in either the affirmative or negative.…

2Cases cited4 opinions

  1. Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
  2. Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
  3. Eberhardt v. SangerWisconsin Supreme Court · 1881
  4. Burns v. North Chicago Rolling Mill Co.Wisconsin Supreme Court · 1884

3Cited by9 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Ayres v. WrightCalifornia Court of Appeal · 1930
  3. Cullen v. HanischWisconsin Supreme Court · 1902
  4. Wisconsin Farm Land Co. v. BullardWisconsin Supreme Court · 1903
  5. Hein v. MildebrandtWisconsin Supreme Court · 1908

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