Legal Opinion

Grinde v. Chipman

Wisconsin Supreme Court

Decided November 15, 1921PublishedCited by 15 opinions

Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Action to recover brokerage commission for the sale of real estate. Plaintiff was employed by the defendant to sell his farm, consisting of 320 acres, which included the homestead upon which he lived. The plaintiff secured a purchaser for the farm with whom he entered into a contract of sale.

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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Action to recover brokerage commission for the sale of real estate. Plaintiff was employed by the defendant to sell his farm, consisting of 320 acres, which included the homestead upon which he lived. The plaintiff secured a purchaser for the farm with whom he entered into a contract of sale. The purchaser was ready, able, and willing to comply with the terms of the said contract of sale on his part. Defendant’s wife refused to sign the agreement of sale and refused to sign a deed pursuant…

1Opinion of the CourtOwen, J.

The only difference between this case and Mackenzie v. Staudenmayer, ante, p. 373, 185 N. W. 286, is that in this case the broker was employed “to sell” the farm, while in that case the employment was “to sell or find a buyer.” This case is therefore ruleduby the decision in the Mackenzie Case in all respects unless the dissimilarity of the language in the brokerage contracts above noted compels a different result.

It is well settled that a broker who is employed to procure a purchaser for real estate performs his contract and is entitled to his commission when he produces a person ready,…

2Cases cited9 opinions

  1. Carstens v. McReavyWashington Supreme Court · 1890
  2. Armstrong v. LoweCalifornia Supreme Court · 1888
  3. Brown v. GriswoldWisconsin Supreme Court · 1901
  4. York v. NashOregon Supreme Court · 1903
  5. Jones v. HowardIllinois Supreme Court · 1908

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3Cited by15 opinions

  1. WALTER KASSUBA, INC. v. BauchWisconsin Supreme Court · 1968
  2. Boutelle v. ChrislawWisconsin Supreme Court · 1967
  3. Peter M. Chalik & Associates v. HermesWisconsin Supreme Court · 1972
  4. Libowitz v. Lake Nursing Home, Inc.Wisconsin Supreme Court · 1967
  5. Nordale Realty Co. v. HanelWisconsin Supreme Court · 1947

10 more not listed; retrieve them via the Exa API.

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