Tierney v. Abbott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action for rent. Defendants appealed from a judgment in favor of the plaintiff. The errors alleged will sufficiently appear from the opinion.
Read the full summary
APPEAL from the Circuit Court for Chippewa County. Action for rent. Defendants appealed from a judgment in favor of the plaintiff. The errors alleged will sufficiently appear from the opinion. They contended, 1. That the burden was upon plaintiff to show that the renting of the building in question for defendants was within the scope of the authority of the agent, Capron (Wharton on Agency, § 458), and that he did in fact rent the building for them; that there was no sufficient evidence either of the authority or the fact; and that the evidence showed a renting to Capron himself. 2. That, as…
1Opinion of the CourtObtoN, J.
The defendants, as copartners, were sued upon a contract for rent alleged to have been made by them through their agent, one E. W. Capron, and answered by a general denial, and by setting up the recovery of a certain judgment against the said Capron and Babbitt & Co., for the same rent, and the former adjudication of the same claim in an action by one Spark and others against the plaintiff, and in another action between one Daniel E. Seymour and one Frank Colborn.
The errors assigned upon questions of fact, and the legal application of the evidence, are, that there was no sufficient evidence…
2Cases cited2 opinions
- Oleson v. MerrihewWisconsin Supreme Court · 1878
- Dick v. WebsterWisconsin Supreme Court · 1858
3Cited by1 opinion
- Harris & Cole Bros. v. Columbia Water & Light Co.Tennessee Supreme Court · 1904