Alexander & Edgar Lumber Co. v. McGeehan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. Action to recover on contract. The answer was a general denial. The only issue litigated upon the trial was whether the contract was made by the defendant as agent for the Iron River Boom & Improvement Company under such circumstances as to preclude plaintiff from successfully charging him as the principal.
Read the full summary
Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. Action to recover on contract. The answer was a general denial. The only issue litigated upon the trial was whether the contract was made by the defendant as agent for the Iron River Boom & Improvement Company under such circumstances as to preclude plaintiff from successfully charging him as the principal. It was shown that he did.in fact act as agent, though he used language appropriate to a personal contract and did not at any time expressly disclose his agency. There was evidence establishing,…
1Opinion of the Court
MaRShall, T.
It may be, as counsel for appellant contends, that tbe learned circuit court directed tbe verdict upon tbe theory that if one person acting as agent contracts with another, without expressly declaring bis agency and tbe name of bis principal, be will bind himself regardless of whether that other has such knowledge of tbe facts respecting tbe matter that a man of ordinary intelligence, acting with reasonable prudence under tbe circumstances, might know tbe real status of such person in tbe transaction and bis intention. Tbe way tbe rule is commonly stated in tbe books one might,…
2Cases cited6 opinions
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Wright v. . CabotNew York Court of Appeals · 1882
- Ferris v. . KilmerNew York Court of Appeals · 1872
- West v. WellsWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ross v. FooteCourt of Appeals of Wisconsin · 1990