83 Wis. 410 | Wis. | 1892
One Sky Yerbeck was station agent of the appellant company at Wausau, in this state, in March, 1889. One Merrill was traveling auditor of the company, whose business it was to visit station agents and look into the
These are the main facts upon which this suit is brought against the company for the $200, as for money had and received. The company received the money, and was informed of the facts both by Merrill and the respondent:
These are all the contentions of the learned counsel of the appellant, except such as relate to the other two representations, one of which, as we have seen, is a mere promise, and the other is immaterial. This would seem to be a very plain case in the law, as well as in justice and equity.
By the Court.— The judgment of the circuit court is affirmed.