Legal Opinion

Larson v. Foss

Wisconsin Supreme Court

Decided December 15, 1908PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for Lincoln county: W. C. Silverthorkt, Circuit Judge. Action to recover on contract for personal services. Tbe controversy was as to tbe amount due and involved two coun-tercláims.

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Appeal from a judgment of tbe circuit court for Lincoln county: W. C. Silverthorkt, Circuit Judge. Action to recover on contract for personal services. Tbe controversy was as to tbe amount due and involved two coun-tercláims. There was evidence to tbe effect that defendant, while running a general lumbering business with bis son Louis in charge as general foreman, employed plaintiff to work in tbe woods at $32 per month, doing common labor; that after working nine days Louis set plaintiff at work in tbe capacity of foreman, increasing bis wages to $40 per month; that be continued at work as…

1Opinion of the CourtMaksiiaul, J.

As will be seen by tbe statement, tbe case was submitted to tbe jury, supposing there was evidence tending to prove appellant’s son, either acting by apparent or mere assumption of authority, made the alleged contract with respondent; that the latter, in reasonable belief of such authority existing, joined in the agreement; that appellant, thereafter, with knowledge of such facts as reasonably charged him with notice of the existence of some new agreement, the' benefit of which he was enjoying, confirmed respondent in his impression as to the son’s authority by not raising any objection to…

2Cases cited4 opinions

  1. Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
  2. Hacker v. HeineyWisconsin Supreme Court · 1901
  3. Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
  4. McCummins v. StateWisconsin Supreme Court · 1907

3Cited by3 opinions

  1. Trzebietowski v. JereskiWisconsin Supreme Court · 1914
  2. Anderson v. SparksWisconsin Supreme Court · 1910
  3. Birmingham v. StateWisconsin Supreme Court · 1911

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