Kennedy v. South Shore Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: JohN IL Paeish, Circuit Judge. Action in form to recover on a contract of employment to scale logs, and to secure a lien judgment, based on the following facts which were established by evidence on the trial: John McAlpine, A. B. McDonell, and Thomas Irvine as parties of the first part, and the South Shore Lumber Oom-jpamy as party of the second part, all joined as defendants here, made a written contract by…
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Appeal from a judgment of the circuit court for Bayfield county: JohN IL Paeish, Circuit Judge. Action in form to recover on a contract of employment to scale logs, and to secure a lien judgment, based on the following facts which were established by evidence on the trial: John McAlpine, A. B. McDonell, and Thomas Irvine as parties of the first part, and the South Shore Lumber Oom-jpamy as party of the second part, all joined as defendants here, made a written contract by which the latter purchased of the former a quantity of saw logs, agreeing to pay a price therefor named in such contract,…
1Opinion of the CourtMarshall, J.
Assuming the view of the learned trial court to be right, that plaintiff, under the terms of the log sale contract, became the employee of the parties thereto the same in all respects as if they bad personally jointly employed Mm instead of bis having been designated as scaler by the mutual agent, Cochran, and that .neither of the joint employers, without consent of the other, could terminate the contract of employment,— and such is obviously true if the familiar principle applies that consent of parties to a contract is as essential to terminate it as to make it,— still that does not…
2Cases cited3 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Siebrecht v. HoganWisconsin Supreme Court · 1898
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
3Cited by5 opinions
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Orrell v. Bay Manufacturing Co.Mississippi Supreme Court · 1903
- Green v. SomersWisconsin Supreme Court · 1916
- Lippert v. Saginaw Milling Co.Wisconsin Supreme Court · 1901
- Wray v. Tilden Saw Co.Michigan Supreme Court · 1917