Sickle v. Wolf
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: A. Scott Sloan, Circuit Judge. Action to recover a balance alleged to be due upon settlement of account.
Read the full summary
Appeal from an order of the circuit court for Waukesha county: A. Scott Sloan, Circuit Judge. Action to recover a balance alleged to be due upon settlement of account. The plaintiff is a cigar manufacturer, and the defendant was his traveling salesman for several years prior to July 26, 1893. The plaintiff claimed that the defendant’s salary was $1,200 per year, and that, when he «eased to travel for plaintiff, defendant Rad collected money owing- plaintiff, in excess of his salary, amounting to $489.95. The defendant, on the other hand, claimed that his salary after January 1, 1891, was…
1Opinion of the CourtWinslow, J.
In this case there was a sharp conflict between the testimony of the plaintiff and that of the defendant as to the terms of the contract of service. Outside of the testimony of these two witnesses there was no testimony save that of the plaintiff’s bookkeeper, who testified to some implied admissions of the defendant.. When the circuit judge said to the jury in substance that when two witnesses directly contradict each other the evidence is balanced unless there is some other witness or circumstance in evidence corroborating one side or the other, he was plainly in error. Mariner v.…
2Cases cited3 opinions
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Adams v. McKayWisconsin Supreme Court · 1885
- Mariner v. PettiboneWisconsin Supreme Court · 1861
3Cited by1 opinion
- Zabinski v. NovakWisconsin Supreme Court · 1933