Riemer v. Rice
Wisconsin Supreme Court
APPEAL from the Circuit Court for WauJcesha County. Action to recover broker’s commissions on sale of real estate. The plaintiff claimed that he was employed by defendant as broker to sell defendant’s farm on Beaver Lake, Waukesha county, under a contract that the defendant was to receive $35,000 net, and plaintiff was to have, as his commissions, all that the farm brought exceeding $35,000. The defendant denied that he ever made any contract of this nature.
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APPEAL from the Circuit Court for WauJcesha County. Action to recover broker’s commissions on sale of real estate. The plaintiff claimed that he was employed by defendant as broker to sell defendant’s farm on Beaver Lake, Waukesha county, under a contract that the defendant was to receive $35,000 net, and plaintiff was to have, as his commissions, all that the farm brought exceeding $35,000. The defendant denied that he ever made any contract of this nature. It appeared on the trial that negotiations were had between the parties on or about September 20, 1892. The character and effect of…
1Opinion of the CourtWiNslow, J.
The controlling question presented by the record is as to the admissibility of the evidence tending to show an oral contract of agency between the parties, by which the plaintiff undertook to find a purchaser for the defendant’s farm upon commission. The defendant objected to all of this evidence on the ground that it tended to vary and contradict the written option contract afterwards made between, the parties. If the evidence was admissible, the verdict and judgment must stand, because there was sufficient evidence to support it, but, if not admissible, then the verdict has nothing upon…
2Cases cited6 opinions
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Collette v. WeedWisconsin Supreme Court · 1887
- Russell v. AndraeWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908
- Greenough v. WillcoxMichigan Supreme Court · 1927
- Starke v. WolfWisconsin Supreme Court · 1895
- Ahearn v. BorngesserWisconsin Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.