Legal Opinion

Garlick v. Morley

Wisconsin Supreme Court

Decided December 5, 1911PublishedCited by 5 opinions

Appeal from a judgment of the municipal court of the city of Beloit: Ohables D. Rosa, Judge. Action on contract. These were the facts alleged: January 15, 1910, plaintiff and defendant mutually verb-ally agreed for the former to act as agent of the latter in selling-corporate stock in the Nevada & Eastern Land Company under the direction of Wright & Palmer as general agents in charge of the matter, and receive for his services $1.25 per-share of stock sold hy him or with his…

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Appeal from a judgment of the municipal court of the city of Beloit: Ohables D. Rosa, Judge. Action on contract. These were the facts alleged: January 15, 1910, plaintiff and defendant mutually verb-ally agreed for the former to act as agent of the latter in selling-corporate stock in the Nevada & Eastern Land Company under the direction of Wright & Palmer as general agents in charge of the matter, and receive for his services $1.25 per-share of stock sold hy him or with his assistance. Pursuant thereto plaintiff sold 1,000 shares of the stock, defendant receiving all proceeds and thereby…

1Opinion of the Court

Tbe following opinion was filed October 3, 1911:

MARSHALL, J.

If respondent acted as agent of appellant in selling tbe stock tbe evidence shows be was concerned in selling, either by defendant’s previous authorization, directly or indirectly, or be assumed to have such agency in tbe matter and such assumption was subsequently ratified by appellant, be was entitled to recover.

One may make another bis agent by ratifying such other’s assumption in tbe matter, and thereby become liable both to such other and to tbe third party with whom be deals, as well as by an original contract of employment.…

2Cases cited6 opinions

  1. McDermott v. JacksonWisconsin Supreme Court · 1897
  2. Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
  3. Morse v. RyanWisconsin Supreme Court · 1870
  4. Carpenter v. MomsenWisconsin Supreme Court · 1896
  5. Gallager v. SerflingWisconsin Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Voell v. KleinWisconsin Supreme Court · 1924
  2. Lukens Iron & Steel Co. v. Hartmann-Greiling Co.Wisconsin Supreme Court · 1919
  3. Idzik v. ReddickWisconsin Supreme Court · 1960
  4. Eckel v. Westbrook Tank Line Co.Wisconsin Supreme Court · 1923
  5. Tripp v. FosterWisconsin Supreme Court · 1914

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