Russell v. Andrae
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. In 1886 one McGregor was the owner of a large quantity of pine lands in the northern part of this state. In August of that year he executed to the defendant, Andrae, a writing, appointing the latter his agent to sell any or all of such lands, and agreed therein to pay him ten per cent, commissions on all sales so made, which should be approved by the owner.
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APPEAL from the Circuit Court for Columbia County. In 1886 one McGregor was the owner of a large quantity of pine lands in the northern part of this state. In August of that year he executed to the defendant, Andrae, a writing, appointing the latter his agent to sell any or all of such lands, and agreed therein to pay him ten per cent, commissions on all sales so made, which should be approved by the owner. The price fixed by McGregor for all the lands was $30,000. In December following, the defendant engaged Bussell, the plaintiff, to assist him in making such sales, and agreed that, if…
1Opinion of the CourtLyon, J.
Were the facts contained in the foregoing statement all there is of the case, there would be no doubt that the plaintiff, Russell, through Malick, fully earned the com*111pensation for finding a purchaser of McGregor’s land, stipulated by the defendant, Andrae, to be paid him therefor, and would be entitled to recover the same in this action. But there are other facts disclosed by the testimony upon which the court granted the nonsuit. These will now be stated.
As soon as Youmans, who afterwards purchased the lands, saw Malick’s advertisement in the Milwaukee Sentinel, and on February 12, 1887, he…
2Cited by5 opinions
- Shepard v. PabstWisconsin Supreme Court · 1912
- Mast v. OlsenWisconsin Supreme Court · 1979
- Riemer v. RiceWisconsin Supreme Court · 1894
- Neises v. HesselmannWisconsin Supreme Court · 1923
- Russell v. AndraeWisconsin Supreme Court · 1893