Sherwood v. Merritt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They contended, inter alia, that in securing the signature of defendant to the contract, and in the delivery of the check to him, Crosby acted as the agent'of plaintiff. Even if he had been the agent of defendant for some purposes, he could also become the agent of plaintiff in the same transaction.
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APPEAL from the Circuit Court for Douglas County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They contended, inter alia, that in securing the signature of defendant to the contract, and in the delivery of the check to him, Crosby acted as the agent'of plaintiff. Even if he had been the agent of defendant for some purposes, he could also become the agent of plaintiff in the same transaction. Orton v. Scofield, 61 Wis. 382; Barry v. Schmidt, 57 id. 172. The addition of the words “ more or less ” was no substantial change. Lawson v.…
1Opinion of the CourtOrton, J.
This case comes here to be decided on the pleadings, findings of fact, and conclusions of law alone, there being no exceptions in the record. Geisinger v. Beyl, 71 Wis. 358. The findings of fact will be considered a verity on this appeal. Hallam v. Stiles, 61 Wis. 270. The findings of fact are substantially as follows:
*235The plaintiff and defendant made an oral contract in relation to the sale of certain land by the defendant to the plaintiff on the 18th day of December, 1890, which was to be and was reduced to writing by the plaintiff, and presented to the defendant for his signature’, as…
2Cases cited4 opinions
- Lawson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Jesup v. City Bank of RacineWisconsin Supreme Court · 1861
- Hallam v. StilesWisconsin Supreme Court · 1884
- Geisinger v. BeylWisconsin Supreme Court · 1888
3Cited by3 opinions
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- Hershman v. StaffordWest Virginia Supreme Court · 1905
- Harris v. Manning Independent School DistrictSupreme Court of Iowa · 1954