Sohns v. Sloteman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for labor and materials furnished. The defendants had entered into two separate contracts with St. Amelianus Orphan Asylum and Eev. William Grutza to put in steam-heating apparatus in two certain buildings. Afterwards defendants employed plaintiff to do the work and furnish, the materials under both contracts for one half ■of the net profits.
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APPEAL from the Circuit Court for Milwaukee County. Action for labor and materials furnished. The defendants had entered into two separate contracts with St. Amelianus Orphan Asylum and Eev. William Grutza to put in steam-heating apparatus in two certain buildings. Afterwards defendants employed plaintiff to do the work and furnish, the materials under both contracts for one half ■of the net profits. Plaintiff went on with the work under both contracts, and claims to have fully completed the same, and brought this action for the balance which he claims to be due him for such work and…
1Opinion of the CourtWinslow, J.
We shall not review the evidence upon the disputed questions of fact. Examination of it shows that there was sufficient evidence to justify the findings' niade thereon by the referee. and confirmed by the cóurt', and that there is not a clear and satisfactory preponderance against such findings.
It is objected that, by the agreement to do the work for one half the net profits, the plaintiff became a partner of defendants, and cannot maintain this action at law. We regard this as simply an arrangement by which the amount of plaintiff’s compensation is measured. La Flex v. Burss, 77 Wis. 538.
The…
2Cases cited3 opinions
- Muckey v. PierceWisconsin Supreme Court · 1854
- Bigelow v. GossWisconsin Supreme Court · 1856
- La Flex v. BurssWisconsin Supreme Court · 1890
3Cited by9 opinions
- Montello Granite Co. v. Industrial CommissionWisconsin Supreme Court · 1938
- Langley v. SanbornWisconsin Supreme Court · 1908
- Pick Industries, Inc. v. Gebhard-Berghammer, Inc.Wisconsin Supreme Court · 1952
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Decker v. Ladish-Stoppenback Co.Wisconsin Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.