C. Aultman & Co. v. Ritter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The plaintiff is a corporation and manufacturer of machinery at Canton, Ohio, and for several years before the commencement of this action the defendants were the agents of the plaintiff at Boscobel in this state for the sale-of agricultural machinery. This action is to recover of defendants a balance of $313.87, alleged to be due plaintiff on account of moneys received by defendants for machinery sold by them.
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APPEAL from the Circuit Court for Grant County. The plaintiff is a corporation and manufacturer of machinery at Canton, Ohio, and for several years before the commencement of this action the defendants were the agents of the plaintiff at Boscobel in this state for the sale-of agricultural machinery. This action is to recover of defendants a balance of $313.87, alleged to be due plaintiff on account of moneys received by defendants for machinery sold by them. Defendants admit their liability to account for a balance of $250.87, and deny their liability for an item of $63 for a second-hand…
1Opinion of the CourtLyoN, C. J.
1. The verdict and judgment undoubtedly include all the charges in defendants’ counterclaim, and allow plaintiff’s claim, less $63 for the reaper. It was said *397in tbe argument that on tbe trial tbe plaintiff abandoned tbe charge of $63 in its account. But, however that may be, tbe evidence is sufficient to support a finding that it is 'not a proper charge against defendants. This disposes of tbe plaintiff’s cause of action.
2. Tbe two items in tbe counterclaim of $16.75 and forty cents were also sufficiently proved, and no further reference need be made to them. Tbe remaining items in tbe…
2Cited by5 opinions
- Koeber v. SomersWisconsin Supreme Court · 1901
- Temple v. PhelpsMassachusetts Supreme Judicial Court · 1906
- Williams v. BlumenthalWashington Supreme Court · 1901
- American Surety Co. v. HoehlWisconsin Supreme Court · 1923
- De Wolf v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1910