Domasek v. Kluck
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Portage county: Chas. M. Webb, Circuit Judge. Tbe plaintiff, about April 15, 1899, sold bis potatoes to the amount of $329.45 to one Julius Werachowski upon the latter’s statement, as plaintiff claims, that the purchase was as agent for the defendant. That agency is denied.
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Appeal from a judgment of tbe circuit court for Portage county: Chas. M. Webb, Circuit Judge. Tbe plaintiff, about April 15, 1899, sold bis potatoes to the amount of $329.45 to one Julius Werachowski upon the latter’s statement, as plaintiff claims, that the purchase was as agent for the defendant. That agency is denied. Plaintiff offered evidence of the course of business by Werachowski, with knowledge on the part of the defendant, both for the purpose of justifying an inference of agency in fact and of an apparent agency permitted by the defendant, and also offered evidence of subsequent…
1Opinion of the CourtDodge, J.
Appellant assigns a series of specific errors, which may be considered in the order of their discussion in his brief.
1. Error is assigned upon the alleged admission of testimony as to statements of the assumed agent, Werachow-ski, that he was such agent, and the familiar rule is invoked that the fact of the agency cannot be proved by declarations of the alleged agent. Examination of the record, however, does not disclose admission of any such, except as it came in incidentally in the testimony of plaintiff’s agent, who made the sales, of the very transaction of selling. It is, of course,…
2Cases cited2 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- McDermott v. JacksonWisconsin Supreme Court · 1899
3Cited by13 opinions
- Stonewall L. Ins. Co. v. CookeMississippi Supreme Court · 1932
- Hansche v. A. J. Conroy, Inc.Wisconsin Supreme Court · 1936
- Iowa National Mutual Insurance v. BackensWisconsin Supreme Court · 1971
- Berryhill v. EllettCourt of Appeals for the Tenth Circuit · 1933
- Mattice v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1955
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