Laney v. Ricardo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Action to recover damages for breach of an alleged contract to sell certain lots in the city of Superior. One F. B. Pemberton of Victoria, British Columbia, acted as agent for the defendants, and it is admitted that he had authority from them to give an option for the sale of the lots.
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Appeal from a judgment of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Action to recover damages for breach of an alleged contract to sell certain lots in the city of Superior. One F. B. Pemberton of Victoria, British Columbia, acted as agent for the defendants, and it is admitted that he had authority from them to give an option for the sale of the lots. August 8, 1916, he wrote one A. R. Cann of Superior asking if he could assist in the sale of the lots so as to net Ricardo $1,500 for his equity. August 24th Cann replies that he thinks he can and asks for an exclusive…
1Opinion of the CourtVinje, J.
The defendants contend (a) that the negotiations did not ripen into a contract; (b) that no note or memorandum signed by their agent was ever made to satisfy the statute of frauds; (c) that plaintiff, owing to his relations to Cann, is in no position to claim any be'nefit under a contract with the defendants; and (d) error in assessing damages.
The trial court made sixty-four so-called findings of fact covering forty-four printed pages. The first fifty-five findings are mere recitals of evidence, and most of the balance *271except finding 58, finding that a contract was made, and finding 63,…
2Cited by6 opinions
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- Finkelstein v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1935
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