McCabe v. Jones
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action hv real-estate broker to recover commissions for negotiating a sale of the defendant’s farm to one Leach.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action hv real-estate broker to recover commissions for negotiating a sale of the defendant’s farm to one Leach. The case was tried before a jury and a special verdict rendered, by which it was found: (1) That the parties agreed that if plaintiff would induce Leach to purchase defendant’s farm and personal property at the price of $13,000, and pay therefor $7,000 in cash and convey hy good title Leach’s residence property in Oshkosh free of incumbrance,' defendant would sell at that price and would…
1Opinion of the CourtWinslow, C. J.
The trial judge reversed the answer to the second question because in his judgment the evidence was conclusive that Leach was not ready, able, and willing to make the trade, and the only question in the case is whether this ruling is correct.
The evidence on this question was substantially as follows: Leach’s homestead in Oshkosh was subject to a mortgage of $2,000. Leach testified that he owned $10,000 worth of unincumbered property in Oshkosh outside of his homestead; that he arranged with one Elmer Clark to let him have $7,000 upon mortgage on the Jones -farm at the time the papers should…
2Cases cited1 opinion
- McCune v. BadgerWisconsin Supreme Court · 1905
3Cited by24 opinions
- Shell Oil Co. v. KaplerSupreme Court of Minnesota · 1951
- Perper v. EdellSupreme Court of Florida · 1948
- Boutelle v. ChrislawWisconsin Supreme Court · 1967
- Pellaton v. BrunskiCalifornia Court of Appeal · 1924
- Peter M. Chalik & Associates v. HermesWisconsin Supreme Court · 1972
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