Cannon v. Henry
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ashland County. This action was brought to recover the board bills of certain laborers, for which bills plaintiff claims the defendants are hable. In 1887 the defendants were engaged in constructing a spur track for the Lake Shore Railroad Company, at Caledonia, and bad let tbe contract to do the work to other parties. One McQuade was employed by defendants to superintend the work on the track. He was called their walking boss.
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APPEAL from tbe Circuit Court for Ashland County. This action was brought to recover the board bills of certain laborers, for which bills plaintiff claims the defendants are hable. In 1887 the defendants were engaged in constructing a spur track for the Lake Shore Railroad Company, at Caledonia, and bad let tbe contract to do the work to other parties. One McQuade was employed by defendants to superintend the work on the track. He was called their walking boss. It was his dut_y to see that the subcontractors did their work according to their contract with defendants, and that they had a…
1Opinion of the CourtLyoN, J.
Two questions are presented by this appeal.f or determination. The first of these is, Did McQuade promise on behalf of defendants to pay the board bills in controversy? It does not appear that he named his principals, the defendants, as the parties who were to pay the bills. The testimony only tends to show that he said he would pay them or, what is the same thing, would see them paid. But he was acting for the defendants in the business and not for himself, and whatever he said or did on that occar sion was in their behalf. The plaintiff was not dealing with him personally, but was dealing…
2Cited by2 opinions
- Parr v. Northern Electrical Manufacturing Co.Wisconsin Supreme Court · 1903
- Roche v. PenningtonWisconsin Supreme Court · 1895