Schenck v. Sterling Engineering & Construction Co.
Wisconsin Supreme Court
Appeal from an order of the circuit' court for Milwaukee county: Oscar M. Eritz, Circuit Judge. This action was brought by the respondents to recover commission for the alleged sale of certain real estate belonging to appellant. Shortly after the commencement of respondents’ action one Franklin H. Feasley commenced an action against the appellant in the same court to recover commission for the alleged sale of the same property.
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Appeal from an order of the circuit' court for Milwaukee county: Oscar M. Eritz, Circuit Judge. This action was brought by the respondents to recover commission for the alleged sale of certain real estate belonging to appellant. Shortly after the commencement of respondents’ action one Franklin H. Feasley commenced an action against the appellant in the same court to recover commission for the alleged sale of the same property. The appellant answered in each of the actions denying liability, and in the instant action set up in its answer the commencement of the action by Franklin H. Feasley,…
1Opinion of the CourtKeewiN, J.
The same questions presented between the same parties here were litigated and determined in a former action and disposed of on a former appeal in this court. Schenck v. Sterling E. &. C. Co. 151 Wis. 266, 138 N. W. 637, 769. The appellant contends that a different question is presented on this appeal. But an examination of the record shows that the issues are the same. The parties are therefore concluded by the judgment of this court on the former appeal. State ex rel. Kurath v. Ludwig, 146 Wis. 385, 132 N. W. 130; Kiley v. C., M. & St. P. R. Co. 142 Wis. 154, 125 N. W. 464; Jeffery v.…
2Cases cited8 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Jeffery v. OsborneWisconsin Supreme Court · 1911
- Twentieth Century Co. v. QuillingWisconsin Supreme Court · 1908
- State ex rel. Kurath v. LudwigWisconsin Supreme Court · 1911
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3Cited by1 opinion
- Van Dinter v. Worden-Allen Co.Wisconsin Supreme Court · 1914