Kilpinski v. Bishop
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sbawano-county: John Goodlawd, Circuit Judge. Action to recover balance due on a commission agreement for selling land.
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Appeal from a judgment of tbe circuit court for Sbawano-county: John Goodlawd, Circuit Judge. Action to recover balance due on a commission agreement for selling land. Plaintiff complained that be was employed by defendant to-find a purchaser, satisfactory to tbe latter, for certain real -estate be possessed, tbe compensation for bis services to be-$150; that plaintiff fully performed such agreement, and that there was due and unpaid on account thereof $75. Defendant answered that the .commission contract was in writing and the exact cdntents thereof unknown to him as it Was retained by…
1Opinion of the CourtMaeshall, J.
The contract of employment is in writing. The writing is not in itself ambiguous. Neither is it uncertain when applied to the subject and situation with which it dealt. Hence there was no legitimate room on the trial for evidence to explain it, and, in no event, any evidence to vary ■or contradict it. .Whether in the progress of executing the agreement respondent did more than the writing, looking ■at the language thereof, contemplated, as appellant contends, does not make any difference.
If the language of an agreement is ambiguous, either in itself or when applied to the subject matter…
2Cases cited2 opinions
- Barry v. SchmidtWisconsin Supreme Court · 1883
- Donohue v. PaddenWisconsin Supreme Court · 1896
3Cited by3 opinions
- Tasse v. KindtWisconsin Supreme Court · 1911
- Mandelker v. GoldsmithWisconsin Supreme Court · 1922
- Oconto Chamber of Commerce v. GrandallWisconsin Supreme Court · 1921