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HORNE v. KENOSHA LINCOLN-MERCURY, INC.,

265 Wis. 496 (1953)

HORNE, Respondent, vs. KENOSHA LINCOLN-MERCURY, INC., Appellant.

Supreme Court of Wisconsin.

December 30, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Earle Munger of Kenosha.

For the respondent there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo E. Vaudreuil.

MARTIN, J.

The first question presented is whether there is sufficient evidence to support the jury's finding that a contract existed between the parties whereby plaintiff was to receive a three per cent commission on the gross parts sales.

As pointed out by the learned trial court, the testimony is in sharp conflict and the jury had the right to believe either party. Plaintiff testified that such an agreement had...

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