Ames v. Lamont
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane-county: E. G. Siebeckeb, Circuit Judge. The evidence tended to prove that the defendant employed plaintiffs, real-estate agents, to find a purchaser for his farm of about 230 acres, containing 218 acres within fences, exclusive of highways and railroad, and agreed to give them as commission whatever any purchaser found by them would pay for the farm over and above the sum of $10,000, no exclusive authority being given, nor…
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Appeal from a judgment of the circuit court for Dane-county: E. G. Siebeckeb, Circuit Judge. The evidence tended to prove that the defendant employed plaintiffs, real-estate agents, to find a purchaser for his farm of about 230 acres, containing 218 acres within fences, exclusive of highways and railroad, and agreed to give them as commission whatever any purchaser found by them would pay for the farm over and above the sum of $10,000, no exclusive authority being given, nor express restriction placed on defendant’s right to sell meanwhile; that plaintiffs incurred some expense and labor in…
1Opinion of the CourtDodge, J.
The case of McArthur v. Slauson, 53 Wis. 41, is couclusive against any recovery by plaintiffs founded upon performance of the express contract of employment; for no evidence is offered that their alleged customer was ever ready or willing to pay any price in excess of $10,000. The utmost extent of that evidence is that he was willing to take the farm into consideration, and, as the plaintiff Ames testifies, “ was then to make his offer.” Performance of the contract consists in producing a purchaser ready, able, and willing to pay the price fixed. McArthur v. Slauson, supra. Uor have…
2Cases cited2 opinions
- McArthur v. SlausonWisconsin Supreme Court · 1881
- Tietz v. TietzWisconsin Supreme Court · 1895
3Cited by12 opinions
- Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
- Benedict v. PfunderSupreme Court of Minnesota · 1931
- Barney v. Yazoo Delta Land Co.Indiana Supreme Court · 1913
- Ball v. DolanSouth Dakota Supreme Court · 1908
- Deitchman v. KorachAppellate Court of Illinois · 1947
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