Legal Opinion

Birdsall v. Fraenzel

Wisconsin Supreme Court

Decided May 31, 1913PublishedCited by 17 opinions

Appeal from a judgment of the circuit court for Kewau-nee county: S. D. Hastings, Judge. This action was brought to recover for commissions alleged to he due for services rendered in finding a purchaser for defendant’s property.

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Appeal from a judgment of the circuit court for Kewau-nee county: S. D. Hastings, Judge. This action was brought to recover for commissions alleged to he due for services rendered in finding a purchaser for defendant’s property. The defendant seasonably requested that the following question be submitted to the jury: “At the time of making the contract between the plaintiff and defendant, did the defendant instruct the plaintiff that he must not sell the farm and property to one Henry Wessel ?” The request was refused and due exception taken. The following verdict was returned .by the jury:…

1Opinion of the CourtKekwin, J.

The defendant was the owner of a farm which she offered with some personal property for $20,000. A written contract was entered into on the 6th day of April, 1912, between plaintiff and defendant, whereby defendant promised to pay plaintiff two per cent, of the purchase price for selling said property, the plaintiff to have the exclusive *50right for thirty days to sell. Plaintiff produced as a purchaser one Henry Wessel, able, ready, and willing to purchase at the price stated. It is claimed by defendant that plaintiff by the contract was prohibited from selling to said Henry Wessel, though no…

2Cases cited7 opinions

  1. Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
  2. Jalie v. CardinalWisconsin Supreme Court · 1874
  3. Anderson v. Arpin Hardwood Lumber Co.Wisconsin Supreme Court · 1907
  4. Grace v. McArthurWisconsin Supreme Court · 1890
  5. Kennedy v. PlankWisconsin Supreme Court · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. PludeWisconsin Supreme Court · 2008
  2. State v. HerfelWisconsin Supreme Court · 1971
  3. Bear v. Kenosha CountyWisconsin Supreme Court · 1963
  4. State v. CanonWisconsin Supreme Court · 2001
  5. Miller Saw-Trimmer Co. v. CheshireWisconsin Supreme Court · 1922

12 more not listed; retrieve them via the Exa API.

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