Citation Numbers: 169 Wis. 509
Judges: Rosenberry
Filed Date: 6/25/1919
Status: Precedential
Modified Date: 9/9/2022
Plaintiff claims that under the doctrine laid down in Garrick T. Co. v. Gimbel Brothers, 158 Wis. 649, 149 N. W. 385, the agency of Bird to authorize him to make sale of the property is sufficiently proven.
It is to be'noted that Mr. Bird was not an officer of the defendant company; that he was not in possession of the property as manager, but for the sole and specific purpose of preserving the same; that no express authority is shown for him to appear before the board of review or to make any disposi
There is no evidence that Squier and Fritz were willing and able to buy. Thompson was induced to purchase the property and to resell it to Squier and Fritz and their associates at an.advance of $10,000. There is no evidence that the parties with whom the plaintiff was negotiating were ever ready or able to close a deal with the defendant on any terms.
By the Court. — Judgment affirmed.