Garrick Theater Co. v. Gimbel Bros.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Eschweiler, Circuit Judge. Action brought in tbe civil court of Milwaukee county to recover $500 which the plaintiff alleges the defendant agreed to pay in consideration of the surrender of the last year of the term of certain leases of business property in the city of Milwaukee. The answer denied that any such contract had been made.
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Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Eschweiler, Circuit Judge. Action brought in tbe civil court of Milwaukee county to recover $500 which the plaintiff alleges the defendant agreed to pay in consideration of the surrender of the last year of the term of certain leases of business property in the city of Milwaukee. The answer denied that any such contract had been made. The action was tried by the court without jury, and the facts found were: that the defendant is a Pennsylvania corporation with its principal office in Philadelphia, conducting a retail…
1Opinion of the Court
Winslow, O. J.
There are three questions in this case, viz.: (1) Does the evidence show (contrary to the conclusion reached by the lower courts) that Greenwald had implied or apparent authority to enter into a binding agreement of surrender on behalf of the defendant ? (2) Could a valid surrender be made by parol? and (3) Was the parol arrangement for surrender made between Greenwald and Landeck intended to be a contract of itself or simply a step in the preliminary negotiations leading up to the real contract in writing ? These questions will be treated in their order.
1. It seems clear to us…
2Cases cited7 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Telford v. FrostWisconsin Supreme Court · 1890
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Bullen v. Milwaukee Trading Co.Wisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Skycom Corporation and Gerald M. Walters v. Telstar CorporationCourt of Appeals for the Seventh Circuit · 1987
- Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
- Bondy v. HarveyCourt of Appeals for the Second Circuit · 1933
- Levine v. Lafayette Building Corp.New Jersey Court of Chancery · 1928
- W. C. Zachow Co. v. GrignonWisconsin Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.