Gano v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Defendant appealed from a judgment in favor of the plaintiff. ' The case is stated in the opinion. They contended, 1. That Celluyham was authorized to make the contract alleged in the complaint, or had at least such apparent authority that his acts were binding on his principal in favor of one who dealt with him in good faith.
Read the full summary
APPEAL from the Circuit Court for Sauk County. Defendant appealed from a judgment in favor of the plaintiff. ' The case is stated in the opinion. They contended, 1. That Celluyham was authorized to make the contract alleged in the complaint, or had at least such apparent authority that his acts were binding on his principal in favor of one who dealt with him in good faith. In support of this view they cited Story on Agency, §§ 17-20, 54, 127; 2 Kent’s Com., 613; F. & M.Bank v. B. dé D. Bank, 16 N. Y., 145; Anderson v. Goonley, 21 Wend., 279; Houghton v. National Bank, 26 Wis., 669; Hasson v.…
1Opinion of the CourtTayloe, J.
This action was brought to recover damages of the defendant company for the breach of a contract which the plaintiff claims to have made with the company for the delivery of 1,600 yards of stone at certain places upon the line of the defendant’s road. The facts as they appear from the evidence are these:
The plaintiff was the owner of a stone quarry near the line of the defendant’s railroad in Sauk county, in this state. The defendant company were doing some stone-work on the line of their road near Devil’s Nose, and were intending to do some other stone-work at what was called Crawford Creek…
2Cases cited1 opinion
- Ladd v. HildebrantWisconsin Supreme Court · 1870
3Cited by5 opinions
- Bouck v. EnosWisconsin Supreme Court · 1884
- Gano v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Gallinger v. Lake Shore Traffic Co.Wisconsin Supreme Court · 1886
- Gano v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1886
- Walker v. PeakeSupreme Court of South Carolina · 1929