Ornstein v. Yahr & Lange Drug Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee cqunty: J. O. Ludwig, Judge. Appellant engaged respondent as a traveling salesman for a period beginning April 1 and ending December 31, 1900. The agreement provides in part that he was “to act in the capacity of a cigar salesman for them, and sell their goods in the territory selected by them, in harmony with their wishes, and in keeping with their instructions from time to time as necessity may demand; for which…
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Appeal from a judgment of the superior court of Milwaukee cqunty: J. O. Ludwig, Judge. Appellant engaged respondent as a traveling salesman for a period beginning April 1 and ending December 31, 1900. The agreement provides in part that he was “to act in the capacity of a cigar salesman for them, and sell their goods in the territory selected by them, in harmony with their wishes, and in keeping with their instructions from time to time as necessity may demand; for which services they agree to pay him a salary of one thotisand ($1,000) dollars per year and expenses, tbe latter not to exceed…
1Opinion of the CourtSiebeckeb, J.
The terms of employment of respondent by appellant are embodied in a written contract specifying the nature of the service, the compensation to be paid therefor, and the amount to be allowed as expenses in rendering the services. The contract must be treated as embodying the agreements of the parties concerning the employment, and fixing the duties which devolve upon either party arising from this relationship. It is important at the outset to ascertain whether this agreement admits of being treated in law as an entire and indivisible one, or as one separable, divisible, and apportionable.…
2Cases cited12 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Olmstead v. BachCourt of Appeals of Maryland · 1893
- Keedy v. LongCourt of Appeals of Maryland · 1889
- Jennings v. LyonsWisconsin Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davies v. J. D. Wilson Co.Wisconsin Supreme Court · 1957
- Green v. SomersWisconsin Supreme Court · 1916
- Casey v. TreckerWisconsin Supreme Court · 1954
- Jameson v. Board of EducationWest Virginia Supreme Court · 1916
- Racine Shoe Manufacturing Co. v. Badger Manufacturing Co.Wisconsin Supreme Court · 1904