Roberts v. Harrington
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. B. Belden, Judge. Action to recover a two per cent, commission for the sale of defendant’s farm of 185 acres, founded upon a written contract stating that defendant “gives to party of the first part [plaintiff] the exclusive sale of” his farm upon specified terms for a period of four months from December 13, 1916, the date of the contract.
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Appeal from a judgment of the circuit court for Dane county: E. B. Belden, Judge. Action to recover a two per cent, commission for the sale of defendant’s farm of 185 acres, founded upon a written contract stating that defendant “gives to party of the first part [plaintiff] the exclusive sale of” his farm upon specified terms for a period of four months from December 13, 1916, the date of the contract. On April 3, 1917, defendant sold the farm to one Schoeneman for $7.50 per acre less than the price specified in the contract and without any knowledge that plaintiff had endeavored ff> interest…
1DissentKerwin, J.
The contract between the parties in this case is as follows:
“It is herein agreed by and between Frank Roberts, of Dodgeville, Wisconsin, party of the first part, and C. Harrington, of Madison, Wisconsin, party of the second part:
“Party of the second part gives to party of the first part the exclusive sale of his land in the town of Arena, county of Iowa, state of Wisconsin, for a period of four months from the date of this contract; number of acres of land, 185; price per acre, $120. Party of the second part agrees to pay party of the first part a commission of two per cent. All in excess of…
2Cases cited12 opinions
- Stewart v. MatherWisconsin Supreme Court · 1873
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
- Lapham v. FlintSupreme Court of Minnesota · 1902
- Ingold v. SymondsSupreme Court of Iowa · 1904
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