Brown v. Scott

Wisconsin Supreme Court

Brown v. Scott

65 N.W. 499, 91 Wis. 674, 1895 Wisc. LEXIS 115

DecidedDecember 17, 1895

StatusPublished

This text of 65 N.W. 499 (Brown v. Scott) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Scott, 65 N.W. 499, 91 Wis. 674, 1895 Wisc. LEXIS 115 (Wis. 1895).

Pincite

Opinion

WiNsuow, J.

Examination of the record convinces us that the findings of fact are fully supported by the evidence. The only question, therefore, is whether these findings justify the judgment rendered. This question must be answered in the affirmative. The defendant, prior to the consummation of the sale, neither knew that the plaintiffs were rendering or had rendered him any services in the matter, nor did he have knowledge of facts which should have put Mm upon inquiry or would lead him to suppose that such was the case. When he first .obtained knowledge of the facts the contract had been fully completed, and he could not reject the services or return the benefits received if he wished to do so. He had no opportunity, after knowledge •of the facts, to .choose whether he would reject or accept. A liability cannot be thus imposed. However ungracious the defendant’s refusal to pay for valuable services may be, he cannot be compelled to pay for them if they were rendered without his knowledge or consent and without opportunity given him to reject them.

By the Court.— Judgment affirmed.

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WiNsuow, J.

Examination of the record convinces us that the findings of fact are fully supported by the evidence. The only question, therefore, is whether these findings justify the judgment rendered. This question must be answered in the affirmative. The defendant, prior to the consummation of the sale, neither knew that the plaintiffs were rendering or had rendered him any services in the matter, nor did he have knowledge of facts which should have put Mm upon inquiry or would lead him to suppose that such was the case. When he first .obtained knowledge of the facts the contract had been fully completed, and he could not reject the services or return the benefits received if he wished to do so. He had no opportunity, after knowledge •of the facts, to .choose whether he would reject or accept. A liability cannot be thus imposed. However ungracious the defendant’s refusal to pay for valuable services may be, he cannot be compelled to pay for them if they were rendered without his knowledge or consent and without opportunity given him to reject them.

By the Court.— Judgment affirmed.

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Bluebook (online)

65 N.W. 499, 91 Wis. 674, 1895 Wisc. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-scott-wis-1895.