Birdsall v. Dunn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action to recover for work and labor, what the plaintiff reasonably deserved. Defence, that the plaintiff made special contracts with defendant, whereby the plaintiff was to perform the said work and labor for stipulated prices, much less than it was alleged to be worth in the complaint, which contracts, it was claimed, were made with the wife of the defendant and as his agejit.
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APPEAL from the Circuit Court for Racine County. Action to recover for work and labor, what the plaintiff reasonably deserved. Defence, that the plaintiff made special contracts with defendant, whereby the plaintiff was to perform the said work and labor for stipulated prices, much less than it was alleged to be worth in the complaint, which contracts, it was claimed, were made with the wife of the defendant and as his agejit. The issue came on to be tried before the court and a jury, and the plaintiff gave evidence to sustain the complaint, and rested, and the defendant then proved that he…
1Opinion of the Court
By the Court,
Dixon, C. J.
A feme covert may act as the agent or attorney of her own husband, and as such with his consent, bind him by her contract or other act. Story on Agency, 57, and authorities cited. When she acts as such agent in any department or business the husband is also bound by her declarations and admissions in relation to matters done *239under her direction and they may be given in evidence against him. Anon., Stra., 527; Emerson vs. Blondin, 1 Esp. Rep., 142; Pickering vs. Pickering, 6, N. H., 120; Clifford vs. Benton, 1, Bing., 199, [8, E. C. L., 294]; Anderson vs. Landerson, 1,…
2Cases cited5 opinions
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Stanton v. WillsonU.S. Circuit Court for the District of Connecticut · 1808
- Montgomery v. CultonTexas Supreme Court · 1857
- Curtis v. InghamSupreme Court of Vermont · 1829
- Ash v. PattonSupreme Court of Pennsylvania · 1817
3Cited by9 opinions
- Schwantes v. StateWisconsin Supreme Court · 1906
- Meek v. PierceWisconsin Supreme Court · 1865
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
- Mountain v. FisherWisconsin Supreme Court · 1867
- Carney v. GleissnerWisconsin Supreme Court · 1883
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