Gauf v. Milwaukee Athletic Club
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover for breach of contract to employ plaintiff at stipulated compensation per month. The alleged period of employment was during June, 1910, and the compensation $155. It was claimed that plaintiff was discharged without cause on the 6th day of the month and so was prevented from. earning the agreed compensation for the rest of the month.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover for breach of contract to employ plaintiff at stipulated compensation per month. The alleged period of employment was during June, 1910, and the compensation $155. It was claimed that plaintiff was discharged without cause on the 6th day of the month and so was prevented from. earning the agreed compensation for the rest of the month. Defendant claimed that plaintiff was employed, subject to be discharged at pleasure, and that he was discharged 'accordingly. On the evidence and…
1Opinion of the CourtMarshall, J.
Appellant was not permitted to introduce evidence of its having kept a tender good which was made after commencement of the action. That was not prejudicial in any event, because the result of the trial shows that the tender was insufficient.
Appellant was not permitted to prove that respondent did not make any effort to obtain work after he was discharged, nor permitted, on the trial, to amend the answer alleging such failure of effort. The rejection of evidence was correct because it related to mitigation of damages and no basis was laid in the answer therefor. The refusal of leave to amend…
2Cases cited3 opinions
- Barker v. Knickerbocker Life InsuranceWisconsin Supreme Court · 1869
- Winkler v. Racine Wagon & Carriage Co.Wisconsin Supreme Court · 1898
- Danley v. WilliamsWisconsin Supreme Court · 1863
3Cited by11 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
- State Ex Rel. Schilling & Klingler v. BairdWisconsin Supreme Court · 1974
- Schiller v. Keuffel & Esser Co.Wisconsin Supreme Court · 1963
- Klug v. Flambeau Plastics Corp.Wisconsin Supreme Court · 1974
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