Roberts v. Goodlad
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Iowa county: Axdro JeNics, Judge. Action by a real-estate agent to recover commissions for finding a purchaser of a farm of 290 acres. Tbe action was tried before a jury. It appeared tbat the farm was owned by ten brothers and sisters (adults) subject to the dower and homestead rights of their mother, Mary Goodlad.
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Appeal from a judgment of tbe county court of Iowa county: Axdro JeNics, Judge. Action by a real-estate agent to recover commissions for finding a purchaser of a farm of 290 acres. Tbe action was tried before a jury. It appeared tbat the farm was owned by ten brothers and sisters (adults) subject to the dower and homestead rights of their mother, Mary Goodlad. Three of the brothers (the appellants here) made a written agreement with the plaintiff January 11, 1916, in which they agreed, on behalf of themselves and the other owners, that the plaintiff should have the exclusive sale of the farm…
1Opinion of the Court
Tbe following opinion was filed March 5, 1918:
WiNsnow, O. J.
There can be no question as to tbe plaintiff’s right to recover from tbe appellants tbe three per cent, commission named in tbe written contract. Tbe three appellants signed this contract not only on their own behalf, but representing themselves to be authorized to sign it on behalf of the other owners, and the jury have found, on the contrary, that they had no authority to act for their co-owners. Under these circumstances they are personally liable for the commission. Oliver v. Morawetz, 97 Wis. 332, 72 N. W. 877. As to the $2,000…
2Cases cited1 opinion
- Oliver v. MorawetzWisconsin Supreme Court · 1897
3Cited by3 opinions
- Winston v. MinkinWisconsin Supreme Court · 1974
- Mikkelson v. FaberWisconsin Supreme Court · 1928
- Outagamie County Bank of Appleton v. TeschWisconsin Supreme Court · 1920