Legal Opinion

Brown v. Marty

Wisconsin Supreme Court

Decided October 19, 1920PublishedCited by 12 opinions

Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Commission contract. ‘ Demurrer. The plaintiffs are partners engaged in the real-estate business. They made a contract with the defendant to sell his farm and claim to have sold his lands, and bring this action for compensation. The defendant demurred to the complaint, and from an order sustaining the demurrer the plaintiffs appeal.

1Opinion of the CourtRosenberry, J.

This appeal requires a construction of sec. 2305m, Stats.:

“Section 2305m. Every contract to pay a commission to a real-estate agent or broker or to any other person for selling or buying real estate shall be void unless such contract or some note or memorandum thereof describing such real estate, expressing the price for which the same may be sold or purchased, the commission to be paid and the period during which the agent or broker shall procure a buyer or seller, be in writing and be subscribed by the person agreeing to pay such commission.”

The question raised is whether or not the…

2Cases cited1 opinion

  1. Gifford v. StraubWisconsin Supreme Court · 1920

3Cited by12 opinions

  1. Pierson v. DorffWisconsin Supreme Court · 1929
  2. Burland, Reiss, Murphy & Mosher, Inc. v. SchmidtMichigan Court of Appeals · 1977
  3. Graham v. LampWisconsin Supreme Court · 1921
  4. Seifert v. DirkWisconsin Supreme Court · 1921
  5. Greene v. DonnerWisconsin Supreme Court · 1929

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