219 Wis. 520 | Wis. | 1935
The evidence established the following facts, without material conflict: Plaintiff was a dealer in Delco electric light plants authorized by the manufacturer to sell in territory around Black River Falls and Whitehall, in each of which he maintained a store for that purpose. He resided at Black River Falls, and the defendant, B. P. Brown, was in his employ at Whitehall to sell plants on commission. The Boehmers Farmers Store was located at Rice Lake (one hundred and fifty miles from Whitehall) ; and, in connection with its business there, it was the manufacturer’s authorized distributor of- Delco products in that territory, and employed R. M. Franklin to attend to its purchases and sales thereof. He knew that the Delco generator involved herein was unused and that, although it was not the latest model, the manu
A witness, Weinstock, was permitted to give testimony, without any objection as to its relevancy or competency, that after November 11, 1933, Franklin had told him that Brown brought the plant to Rice Lake to sell in order to force the collection of money which he could not get from the plaintiff ; and that Franklin said he thought it was a good buy at the price, and that he would do anything to help Brown get the money to which he was entitled. Franklin testified that he did not make such statements. When the parties rested, the court directed a verdict in favor of the defendants, Franklin and Boehmer, but denied a motion therefor by the Boehmers Farmers Store. No motion or request was ever made by the latter to have Weinstock’s testimony stricken, or to have the jury instructed to disregard it. The court then submitted to the jury for a verdict a question as to whether Franklin knew, or had good reason to believe at the time the plant was
On the other hand, reversible error was committed by the court in changing the jury’s verdict by substituting a negative finding for the jury’s affirmative answer on the ground that the latter was not supported by the evidence. It is well
It follows that, as there was sufficient evidence to fairly admit of the jury’s answer that Franklin knew, or had good reason to believe, that Brown had no right to sell the plant for $100, 'it was error to substitute the court’s finding to the contrary for that answer. Consequently, the jury’s answer must be reinstated; and as, in view of the fact found thereby, there was no valid sale binding upon the plaintiff, in the absence of any ratification of Brown’s unauthorized transaction, the plaintiff is entitled to judgment for the recovery of the value of the generator as found by the jury.
• By the Court. — Judgment reversed, and cause remanded with directions to enter judgment as stated in the opinion.