Arthur Koenig Co. v. Graham Glass Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an action to recover the reasonable value of the plaintiff’s services as a broker in the sale of 36,000 gross of beer bottles, it being alleged in the complaint that the reasonable value is $1,500. The defendant denied that plaintiff had ever been employed or authorized to act as a broker or agent for it, and denied that the plaintiff was a procuring cause of the sales…
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an action to recover the reasonable value of the plaintiff’s services as a broker in the sale of 36,000 gross of beer bottles, it being alleged in the complaint that the reasonable value is $1,500. The defendant denied that plaintiff had ever been employed or authorized to act as a broker or agent for it, and denied that the plaintiff was a procuring cause of the sales upon which the commissions were based. The casé was submitted to the jury upon a special verdict, and the jury found (1)…
1Opinion of the CourtRosenberry, J.
The only contention made by the defendant upon this appeal is that the plaintiff in accepting from the Pabst Brewing Company the order for 36,000 gross of bottles, after Knox, the defendant’s general sales agent for Wisconsin, had been notified that the defendant’s factory output was practically sold, and Knox had been directed to discontinue soliciting orders, was such gross negligence and gross misconduct as to preclude the plaintiff from recovering any commission upon such sale.
There is no dispute as to the rules of law applicable. An agent who is guilty of fraud upon his principal or who…
2Cases cited2 opinions
- St. Paul Fire & Marine Insurance v. LaubensteinWisconsin Supreme Court · 1916
- Rogers v. PriestWisconsin Supreme Court · 1889
3Cited by5 opinions
- Hartford Elevator, Inc. v. LauerWisconsin Supreme Court · 1980
- Faultersack v. Clintonville Sales Corp.Wisconsin Supreme Court · 1948
- Hinkley v. SagemillerWisconsin Supreme Court · 1927
- Bockemuhl v. JordanWisconsin Supreme Court · 1955
- Weller v. Phillip Gross Realty Co.Wisconsin Supreme Court · 1921