Merriman v. McCormick Harvesting Machine Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: John R. Bennett, Circuit Judge. This is an action to recover agents’ commissions for the-sale of harvesting machines, and to recover damages for the-failure to perform contracts for the sale of binding twine. The action was tried before a referee. It appeared by the-evidence that the plaintiffs were in business at Et.
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Appeal from a judgment of the circuit court for Jefferson county: John R. Bennett, Circuit Judge. This is an action to recover agents’ commissions for the-sale of harvesting machines, and to recover damages for the-failure to perform contracts for the sale of binding twine. The action was tried before a referee. It appeared by the-evidence that the plaintiffs were in business at Et. Atkinson, in-the county of Jefferson, and had been the agents of the defendant company for the sale of' harvesting machines and binding twine for several years, prior to the 5th day of December, 1892, at which…
1Opinion of the CourtWinslow, J.
There was no very serious dispute as to the-facts of the case, nor is there any very material difference -between the findings of fact made by the referee and those made by the circuit judge (except with regard to the failure to fill the order for binding twine, which'will be considered later); but there was a radical difference between the legal •conclusions resulting from the facts. The referee was of opinion that the plaintiffs were entitled to recover their full •commissions upon all machines for which they had taken ■orders, except where they afterwards furnished a different machine;…
2Cited by4 opinions
- Zweck v. D P Way Corp.Wisconsin Supreme Court · 1975
- Allegheny By-Product Coke Co. v. J. H. Hillman & Sons Co.Supreme Court of Pennsylvania · 1922
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
- West Coast Manufacturers' Agency v. Oregon Condensed Milk Co.Washington Supreme Court · 1909