Legal Opinion

Moller v. J. L. Gates Land Co.

Wisconsin Supreme Court

Decided November 17, 1903PublishedCited by 8 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action on contract to recover a balance alleged to be due thpreon.

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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action on contract to recover a balance alleged to be due thpreon. The claim of plaintiff was that he was employed by defendant as its agent to promote the settlement upon by, and sale of its lands to, immigTants from Europe, the agreed compensation for his services being a salary of $100 per month commencing February 1, 1899, payment of his expenses incurred in the course of his employment, including those incident to his journey from Milwaukee to the place selected for his headquarters in Europe, and…

1Opinion of the CourtMaeshall, J.

There are several assignments of error npon this appeal. All of them may well be reduced to this: The trial court erred in confirming the findings of fact made by the referee as to the contract between the parties entitling" respondent to $100 per month as a salary, a reasonable commission upon the amount realized for the sale of lands made by him or through his instrumentality, and the expenses incurred within the scope of his employment. The evidence of respondent was clear and positive to that effect. > It was corroborated by the fact that he rendered statements of account from time to…

2Cases cited7 opinions

  1. Murphey v. GatesWisconsin Supreme Court · 1892
  2. Mygatt v. TarbellWisconsin Supreme Court · 1893
  3. Wheeler & Wilson Manufacturing Co. v. MonahanWisconsin Supreme Court · 1885
  4. Hinton v. WellsWisconsin Supreme Court · 1878
  5. Smith v. ArmstrongWisconsin Supreme Court · 1869

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
  2. State v. WismanWest Virginia Supreme Court · 1923
  3. Borger v. McKeithWisconsin Supreme Court · 1929
  4. Mahoney v. KennedyWisconsin Supreme Court · 1920
  5. Norfolk Hosiery & Underwear Mills Co. v. WestheimerCourt of Appeals of Virginia · 1917

3 more not listed; retrieve them via the Exa API.

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