Parr v. Northern Electrical Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: B. G. Siebeceek, Circuit Judge. This is an action on contract to recover the.purchase price of a piece of machinery known as a “gang die,” constructed by the plaintiffs for use in the defendant’s shop.
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Appeal from a judgment of tbe circuit court for Dane county: B. G. Siebeceek, Circuit Judge. This is an action on contract to recover the.purchase price of a piece of machinery known as a “gang die,” constructed by the plaintiffs for use in the defendant’s shop. The complaint alleges that the plaintiffs constructed the die at the defendant’s request, at the agreed price of forty cents per hour for the labor put thereon, and a reasonable compensation for the material used therein, amounting in all'to $278.14. The. answer denied the material allegations of the complaint. It appeared upon the…
1Opinion of the CourtWiNsnow, J.
The contract upon which the plaintiffs claim to recover was made with an assumed agent. There is no legal presumption that an agency exists, in the absence of proof, hence it was necessary for the plaintiffs to prove, not only the fact of agency, but also the fact that the agent’s authority was sufficiently extensive to authorize him to bind the principal by the contract which he assumed to make. This might be done by showing express authority given by the principal to the agent to make such contracts, or by showing that the principal had invested the agent with apparent authority to make…
2Cases cited7 opinions
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Warder v. WhitishWisconsin Supreme Court · 1890
- Pratt v. Oshkosh Match Co.Wisconsin Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Keachie v. Starkweather Drainage DistrictWisconsin Supreme Court · 1919
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
- Garland v. KeelerNorth Dakota Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.