Greene v. Minn Billiard Co.
Wisconsin Supreme Court
Appeal from an order of 'the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover commission on the sale of real estate based upon a written contract, the material portion of which reads: “You are hereby given exclusive authority to sell the property described ón this card for $75,000. In ,case of sale you are authorized to sign memorandum of sale as agent. ...
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Appeal from an order of 'the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover commission on the sale of real estate based upon a written contract, the material portion of which reads: “You are hereby given exclusive authority to sell the property described ón this card for $75,000. In ,case of sale you are authorized to sign memorandum of sale as agent. ... I agree to pay a commission to you of three per cent, of the sale price if the property is sold or exchanged before' this agreement is terminated, regardless of who negotiates the sale. This agreement…
1Opinion of the CourtVinje, J.
The defendant urges that since the giving oi; an exclusive agency to sell does not debar the owner from selling within the life of the contract to one not believed to have been procured by the agent (Greene v. American M. Co. 153 Wis. 216, 140 N. W. 1130); since the giving of an exclusive sale is similarly construed in Roberts v. Harrington, 168 Wis. 217, 169 N. W. 603; and since this contract, like that in the last case cited, is unilateral and without consideration at the time it was entered into, it should receive a construction like that of the Roberts Case. In that case the crucial…
2Cases cited10 opinions
- Crane v. McCormickCalifornia Supreme Court · 1891
- Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
- Metcalf v. KentSupreme Court of Iowa · 1898
- Roberts v. HarringtonWisconsin Supreme Court · 1918
- Novakovich v. Union Trust Co.Supreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bell v. DimmerlingOhio Supreme Court · 1948
- Ladd v. TeichmanMichigan Supreme Court · 1960
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Graham v. LampWisconsin Supreme Court · 1921
- McManus v. NewcombDistrict of Columbia Court of Appeals · 1948
4 more not listed; retrieve them via the Exa API.