Schoenmann v. Whitt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa ■county: Geokge Clemeettsom, Circuit Judge. This action is brought to recover a commission of $270 claimed to be due upon the sale of a farm.
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Appeal from a judgment of the circuit court for Iowa ■county: Geokge Clemeettsom, Circuit Judge. This action is brought to recover a commission of $270 claimed to be due upon the sale of a farm. The alleged contract upon which recovery is sought was lost, but what purported to be a copy of at least the material portion of it was produced, and offered and received in evidence, and is as follows: “Spring Green, Wis., Oct. 14, 1904. “I hereby grant unto Schoenmann & Son the exclusive right to sell and to enter into a contract for the conveyance of the property described on the opposite side of…
1Opinion of the Court
EaRWes, T.
It is perfectly apparent that the signing of this paper by the defendant did not make a contract. It was not signed by the plaintiffs and contained no stipulation requiring them to do anything. At the time of its delivery to the plaintiffs it was entirely lacking in mutuality. The plaintiffs might have accepted the implied obligations of the writing on their part by doing the work and incurring the expense that such writing contemplated should be performed and incurred, and such acceptance, so made, would result in a binding contract. Arnold v. Nat. Bank, 126 Wis. 362, 365, 105 N.…
2Cases cited5 opinions
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
- Lapham v. FlintSupreme Court of Minnesota · 1902
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Hooker v. HydeWisconsin Supreme Court · 1884
- Superior Consolidated Land Co. v. BickfordWisconsin Supreme Court · 1896
3Cited by13 opinions
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Braniff v. BaierSupreme Court of Kansas · 1917
- Peter M. Chalik & Associates v. HermesWisconsin Supreme Court · 1972
- Hayes v. ClarkSupreme Court of Connecticut · 1920
- John E. DeWolf Co. v. HarveyWisconsin Supreme Court · 1915
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