Potter v. Van Norman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ifilwaulcee County. The case is sufficiently stated in the opinion. They contended, mter alia, that the right of the plaintiff to all the proceeds of the shipment was dependent upon his contract with Thayer. He had himself but a partial interest in the hogs, the extent of which is not shown. But he has no rights under the contract with Thayer because he violated that contract by his agreement to sell to Harris.
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APPEAL from the Circuit Court for Ifilwaulcee County. The case is sufficiently stated in the opinion. They contended, mter alia, that the right of the plaintiff to all the proceeds of the shipment was dependent upon his contract with Thayer. He had himself but a partial interest in the hogs, the extent of which is not shown. But he has no rights under the contract with Thayer because he violated that contract by his agreement to sell to Harris. By the terms of the contract with Thayer the plaintiff was to receive the net proceeds upon a sale by the commission merchant and no other sum. He…
1Opinion of the CourtTayloe, J.
This is an appeal from an order of the circuit court of Milwaukee county, striking out a demurrer of the defendant to the complaint of the plaintiff as frivolous, on motion of the plaintiff. The order striking out the demurrer allows the defendant to answer the complaint within twenty days from the date of the order on the payment of $10 costs.
Upon an appeal from such order this court has repeatedly held that the order of the circuit court will not be reversed unless it appears that the demurrer was well taken. The question whether it was frivolous or not will not be considered by this court.…
2Cases cited5 opinions
- Grannis v. HookerWisconsin Supreme Court · 1871
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Whereatt v. EllisWisconsin Supreme Court · 1883
- Hoffman v. WheelockWisconsin Supreme Court · 1885
3Cited by2 opinions
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Van Oss v. SynonWisconsin Supreme Court · 1893