Pennsylvania Coal & Supply Co. v. Schmidt
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. Tueneb, Circuit Judge. . Action begun in the civil court of Milwaukee county to recover $96.50, being balance due for coal sold and delivered to the defendant'. The answer was a general denial. When plaintiff rested, the.evidence showed that the coal was sold to tbe defendant by the Mueller Enel & Supply Company, acting as agent for the plaintiff.
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Appeal from an order of the circuit court for Milwaukee county: W. J. Tueneb, Circuit Judge. . Action begun in the civil court of Milwaukee county to recover $96.50, being balance due for coal sold and delivered to the defendant'. The answer was a general denial. When plaintiff rested, the.evidence showed that the coal was sold to tbe defendant by the Mueller Enel & Supply Company, acting as agent for the plaintiff. Defendant was then permitted to amend his answer, and he set up the defense that he bought the coal from the Mueller Fuel & Supply Company, not knowing that the plaintiff was the…
1Opinion of the CourtViNJE, J.
The defendant' claims that the circuit court erred (1) in reversing the judgment; (2) in. ordering a new trial by jury in the circuit court; and (3) ,in ordering defendant' to pay $10 as costs of motion.
1. The defendant in his amended , answer set up affirma-*244five matter by way o.f estoppel and the burden of proof was upon him to establish such defense. In Wheeler & W. Mfg. Co. v. Monahan, 63 Wis. 198, 23 N. W. 127, plaintiff relied upon an estoppel, and the court said: “The burden of proving the facts upon which the alleged estoppel is predicated was upon the plaintiff, and it has failed to…
2Cases cited3 opinions
- Carle v. NelsonWisconsin Supreme Court · 1911
- Delaney v. CanningWisconsin Supreme Court · 1881
- Wheeler & Wilson Manufacturing Co. v. MonahanWisconsin Supreme Court · 1885
3Cited by5 opinions
- Concrete Steel Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- Mueller Real Estate & Investment Co. v. CohenWisconsin Supreme Court · 1914
- Kausch v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1921
- Reiss v. UtterWisconsin Supreme Court · 1921
- Toledo Computing Scale Co. v. PolanisWisconsin Supreme Court · 1914