Fredendall v. Taylor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rocía County. Action by Fredendall against Taylor, Kreiss, Leitoh and /Spencer, to recover pay for making a well or tank for the use of the State Firemen’s Association. The complaint alleged that the plaintiff agreed with the defendants to make the well or tank for $500; that he did make it, and that the defendants promised to pay him that sum therefor. Leitch was not served with process, and Spencer made no defense.
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APPEAL from the Circuit Court for Rocía County. Action by Fredendall against Taylor, Kreiss, Leitoh and /Spencer, to recover pay for making a well or tank for the use of the State Firemen’s Association. The complaint alleged that the plaintiff agreed with the defendants to make the well or tank for $500; that he did make it, and that the defendants promised to pay him that sum therefor. Leitch was not served with process, and Spencer made no defense. Taylor and Kreiss answered by a general denial. The State Firemen’s Association was not a corporate body. Leitch was its president, Taylor…
1Opinion of the CourtPaine, J.
The only question presented on this appeal is, whether the case made against the defendants Taylor and Ereiss was such as to justify the direction given to the jury to find a verdict in their favor. I do not think it was. They were both members of the committee appointed by the State Fireman’s Association to make the necessary arrangements for holding the annual tournament. It is'true, they did not act personally in contracting with the plaintiff, the committee having delegated its authority to a sub-committee composed of Sgpencer and LeitcJi. But the latter, in making the contract, were…
2Cases cited2 opinions
- Dennison v. AustinWisconsin Supreme Court · 1862
- M'Cartee v. ChambersNew York Supreme Court · 1831
3Cited by13 opinions
- I. W. Phillips & Co. v. HallSupreme Court of Florida · 1930
- Cousin v. TaylorOregon Supreme Court · 1925
- Fredendall v. TaylorWisconsin Supreme Court · 1870
- Vader v. BallouWisconsin Supreme Court · 1913
- Winona Lumber Co. v. ChurchSouth Dakota Supreme Court · 1895
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