Oliver v. Morawetz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This was an action brought to recover $1,000, which it is alleged the defendant agreed to pay the plaintiff as commission for his services in procuring a proper person to par-chase certain property described in the complaint.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This was an action brought to recover $1,000, which it is alleged the defendant agreed to pay the plaintiff as commission for his services in procuring a proper person to par-chase certain property described in the complaint. The plaintiff did procure one Edwin H. Abbot as a purchaser of the property according to the terms and conditions agreed to by and between the defendant and the plaintiff, to the effect that the property should be sold for $50,000, of which $5,000 was to be cash, and the…
1Opinion of the CourtPutney, J.
1. The findings of the jury are plainly supported by the evidence, and the court properly refused to set aside the verdict on the motion of the defendant, as being against the weight of evidence. If the defendant acted and contracted avowedly as the agent of his co-owners of the property to be sold, who were known as principals, his acts and contracts within the scope of his authority would be •considered the acts and contracts of the principals, and. would involve no liability on the part of the defendant, Morawetz, as their agent; for the presumption is that an agent always intends to bind…
2Cases cited4 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- White v. . MadisonNew York Court of Appeals · 1862
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Schatz v. PfeilWisconsin Supreme Court · 1883
3Cited by15 opinions
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Womack v. DouglasCourt of Appeals of Kentucky · 1914
- Rainer v. SchulteWisconsin Supreme Court · 1907
- Reasoner v. YatesNebraska Supreme Court · 1912
- Renick v. MannCourt of Appeals of Kentucky · 1922
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