Southmayd v. Watertown Fire Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for a sum alleged to be due plaintiff upon his salary as defendant’s agent for the three months ending April 1, 1878, amounting to $375. The complaint avers that about May 1, 1877, plaintiff was hired by defendant as its agent to manage its business in this state for one year from April 1, 1877, at the agreed price of $1,500; that he performed all the services pertaining to said employment up to January 1,1878, when he…
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APPEAL from the County Court of Milwaukee County. Action for a sum alleged to be due plaintiff upon his salary as defendant’s agent for the three months ending April 1, 1878, amounting to $375. The complaint avers that about May 1, 1877, plaintiff was hired by defendant as its agent to manage its business in this state for one year from April 1, 1877, at the agreed price of $1,500; that he performed all the services pertaining to said employment up to January 1,1878, when he was discharged by defendant, and prevented from fulfilling his engagement, although he had been ready and willing, etc.…
1Opinion of the CourtCole, J.
Assuming that the plaintiff’s employment was for a year from the first day of April, 1877, on the same terms as stipulated in the original contract, still we think the evidence shows that this employment was terminated b}r mutual consent on the first of January, 1878. This conclusion is fully warranted by the letter written the plaintiff by Gilbert, the vice-president of the company, dated December 14, 1877, the answer of the plaintiff to that letter, and the circular sent out by the plaintiff to the agents of the company in "Wisconsin, of the 19th of the month. Gilbert’s letter was evidently…
2Cases cited2 opinions
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1877
- Vliet v. SherwoodWisconsin Supreme Court · 1875
3Cited by3 opinions
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Haseltine v. MosherWisconsin Supreme Court · 1881
- Monroe v. City of Fort HowardWisconsin Supreme Court · 1880