Buroff v. Bergmann
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: William H. Woodard, Judge.' Action by real-estate agent to recover commission for the sale of a farm. Sometime prior to the 6th day of March, 1917, August Bergmann, being the owner of a farm in Dodge county, Wisconsin, conveyed it to his son for a valuable consideration, taking back a mortgage for $10,000. Subsequent thereto, and to enable the son to raise money on the farm, Bergmann released the $10,000 mortgage.
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Appeal from a judgment of the county court of Dodge county: William H. Woodard, Judge.' Action by real-estate agent to recover commission for the sale of a farm. Sometime prior to the 6th day of March, 1917, August Bergmann, being the owner of a farm in Dodge county, Wisconsin, conveyed it to his son for a valuable consideration, taking back a mortgage for $10,000. Subsequent thereto, and to enable the son to raise money on the farm, Bergmann released the $10,000 mortgage. The son paid him $2,400 and he took* the son’s note for $7,600, without any security. There is evidence that the…
1Opinion of the CourtOwen, J.
The question is whether a verdict should have been directed. In seeking to vindicate the action of the court in this respect, respondent contends that in order to entitle plaintiff to recover it was incumbent upon him to prove that he produced a purchaser who was ready, willing, and able to pay $18,000 for the farm. The rule is familiar that where a broker undertakes to sell at a price fixed by the owner, in order to entitle him to compensation it must appear that he produced a purchaser ready, willing, and able to pay such price. According to plaintiff’s testimony, however, that was not his…
2Cases cited5 opinions
- Roberts v. HarringtonWisconsin Supreme Court · 1918
- Burdon v. BriqueletWisconsin Supreme Court · 1905
- Burd v. WebsterWisconsin Supreme Court · 1906
- Sexton v. GoodrichWisconsin Supreme Court · 1907
- Willey v. RutherfordWisconsin Supreme Court · 1900
3Cited by2 opinions
- Winston v. MinkinWisconsin Supreme Court · 1974
- Mikkelson v. FaberWisconsin Supreme Court · 1928