Hardy v. Stonebraker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The plaintiff appealed from a judgment rendered in favor of the defendant, in pursuance of the verdict of a jury. The following statement of the case was originally prepared by Mr. Justice Cole as a part of bis opinion herein. “ This action is brought to recover the sum of $1,416, alleged to have been received by the defendant for the use of the plaintiff, or which the defendant owed the plaintiff.
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APPEAL from the Circuit Court for Iowa County. The plaintiff appealed from a judgment rendered in favor of the defendant, in pursuance of the verdict of a jury. The following statement of the case was originally prepared by Mr. Justice Cole as a part of bis opinion herein. “ This action is brought to recover the sum of $1,416, alleged to have been received by the defendant for the use of the plaintiff, or which the defendant owed the plaintiff. The material facts out of which the cause of action arose, or at least so many of them as it is necessary to state in order to understand our remarks…
1Opinion of the CourtCole, J.
In the instruction given to the jury, as above recited, the circuit court in effect holds that the contract between the plaintiff and the defendant may be avoided if the parties had practiced a fraud upon Capt. Grant in inducing him to purchase the property for $8,000. But is it not plain that the agreement between the plaintiff and defendant was not unlawful, nor opposed to public policy ? The counsel for the defendant admits — what surely could not successfully be controverted- — -that any commission, however great, agreed to be paid by the defendant as a compensation for making sale of his…
2Cases cited3 opinions
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Lemon v. GrosskopfWisconsin Supreme Court · 1868
3Cited by6 opinions
- Dietrich v. KochWisconsin Supreme Court · 1874
- Grant v. HardyWisconsin Supreme Court · 1873
- Ranney v. DonovanMichigan Supreme Court · 1889
- Crystal Ice Co. v. WylieSupreme Court of Kansas · 1902
- Restlawn Memorial Park Asso. v. SolieWisconsin Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.