Hildebrand v. American Fine Art Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: FraNK M. Fish, Judge. Action for damages for breach of contract.
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Appeal from a judgment of the circuit court for Milwaukee county: FraNK M. Fish, Judge. Action for damages for breach of contract. The complaint was to the effect that plaintiff was duly authorized to prosecute the action for the benefit of the estate of Alfred L. Hildebrand, deceased; that about January 2, 1897, said Hildebrand and defendant made an agreement, whereby the former bound himself to work solely for the latter for one year from January 1, 1897, and the defendant, in consideration, agreed to pay Hildebrand thereafter the sum of $5,000 as a yearly salary, together with his expenses…
1Opinion of the CourtMaRshall, J.
The assignments of error are sufficient to raise the question of whether the trial court erred in ordering judgment for plaintiff for $517.04. The determination of the court upon which the judgment rests is spoken of here as an order for judgment, because that is the effect of such determination, though the order, in form, was that a new trial be granted unless the plaintiff consented to reduce the judgment to $517.04. It is contended on the part of appellant that in making such order the court decided as a matter of law that the discharge of Hildebrand was justifiable,— while, it is…
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