Fredendall v. Taylor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action by Fredendall against Taylor, Kreiss, Leitch and Spencer, to recover pay for making a well or tank for the use of the State Firemen’s Association. The complaint alleged that plaintiff agreed with defendants to make the well or tank for $500, to be paid by them; that he did make it, and defendants accepted it, and promised to pay him therefor. Spencer made no defense. The other defendants answered by a general denial.
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APPEAL from the Circuit Court for Rock County. Action by Fredendall against Taylor, Kreiss, Leitch and Spencer, to recover pay for making a well or tank for the use of the State Firemen’s Association. The complaint alleged that plaintiff agreed with defendants to make the well or tank for $500, to be paid by them; that he did make it, and defendants accepted it, and promised to pay him therefor. Spencer made no defense. The other defendants answered by a general denial. The State Firemen’s Association was an unincorporated body, of which Leitch was president, Taylor vice-president, Kreiss…
1Opinion of the CourtDixon, C. J.
We have examined the facts of this case very carefully, and it clearly seems to us that it is *290in no respect different from what it was when it was before this court on the former appeal (23 Wis. 538) There was certainly sufficient evidence in favor of the plaintiff to go to the jury upon all the questions in issue. The evidence was sufficient to authorize a verdict that the plaintiff contracted upon the credit of the officers, and not of the association which they professed to represent. It was sufficient to authorize a finding that Spencer had original authority from the other defendants to…
2Cases cited1 opinion
- Fredendall v. TaylorWisconsin Supreme Court · 1868
3Cited by12 opinions
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Clark v. O'RourkeMichigan Supreme Court · 1896
- Wechselberg v. Flour City Nat. BankCourt of Appeals for the Seventh Circuit · 1894
- Vader v. BallouWisconsin Supreme Court · 1913
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