Beardsley v. Schmidt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas-county: A. J. Vlnje, Circuit Judge. Action to recover tbe purchase price of a quantity of cement claimed to have been sold by plaintiffs, as factors, to-defendants. Tbe defendants answered, among other things, that plaintiffs were not the real parties in interest. The cause was disposed of wholly on that issue.
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Appeal from a judgment of the circuit court for Douglas-county: A. J. Vlnje, Circuit Judge. Action to recover tbe purchase price of a quantity of cement claimed to have been sold by plaintiffs, as factors, to-defendants. Tbe defendants answered, among other things, that plaintiffs were not the real parties in interest. The cause was disposed of wholly on that issue. The evidence in respect to the matter was to this éffect: Plaintiffs, as-warehousemen, received the cement from the Eastern Minnesota Railway Company at West Superior, Wisconsin. Walter T. Bradley & Co., of Philadelphia, were the…
1Opinion of the CourtMaRshaxl, J.
This appeal is governed by a few familiar principles. Tbe trial court seems to bave decided tbe case upon tbe theory that since appellants were agents for tbe owners of tbe cement in making tbe sale, tbe latter are tbe real parties in interest to enforce payment for tbe property by judicial proceedings. Counsel for respondents concedes that if appellants were factors and exercised tbe implied authority incident to such character to sell tbe property, and made tbe sale in tbeir own names, they are tbe real parties in interest to enforce collection of the indebtedness. That has often been ruled…
2Cases cited11 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Price v. Wisconsin Marine & Fire InsuranceWisconsin Supreme Court · 1877
- Edgerton v. MichelsWisconsin Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. BloomSupreme Court of Iowa · 1913
- Gadsden County Tobacco Co. v. CorrySupreme Court of Florida · 1931
- Turner v. Crumpton & CrumptonNorth Dakota Supreme Court · 1911
- Adams v. MellonDistrict Court, N.D. Illinois · 1930
- Briere v. TaylorWisconsin Supreme Court · 1905
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