Legal Opinion

Henschell v. J. L. Gates Land Co.

Wisconsin Supreme Court

Decided May 2, 1911PublishedCited by 4 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. In May, 1900, James D. Wade of Duluth, Minnesota, informed James L. Gates of Milwaukee', Wisconsin, that he wanted a large body óf cut-over lands. Mr. Gates told him that he had a large lot of such lands in Price county, Wisconsin, over 100,000 acres, and that if Wade would take the whole lot he would sell them to him at $1.25 per acre.

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Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. In May, 1900, James D. Wade of Duluth, Minnesota, informed James L. Gates of Milwaukee', Wisconsin, that he wanted a large body óf cut-over lands. Mr. Gates told him that he had a large lot of such lands in Price county, Wisconsin, over 100,000 acres, and that if Wade would take the whole lot he would sell them to him at $1.25 per acre. Mr. Wade thereafter had considerable correspondence with Mr. Gates, was furnished with plats of Price county with the lands of which Mr. Gates desired to…

1Opinion of the CourtSiebecKee, J.

Erom the foregoing statement of facts it is apparent that the agency contract of Wade and MeComb was an engagement by them to find a purchaser, and to sell the defendant’s lands at a stated price, the terms of sale to be arranged and agreed upon by the defendant and such purchaser. The inquiry, therefore, is, Did these real-estate agents execute this agreement by securing a purchaser of any specific real-estate at the stipulated price upon terms mutually acceptable to the defendant and the purchaser? This inquiry must be answered in the negative. It clearly appears that all the negotiations…

2Cases cited1 opinion

  1. Bowe v. GageWisconsin Supreme Court · 1906

3Cited by4 opinions

  1. Boutelle v. ChrislawWisconsin Supreme Court · 1967
  2. Peter M. Chalik & Associates v. HermesWisconsin Supreme Court · 1972
  3. Nordale Realty Co. v. HanelWisconsin Supreme Court · 1947
  4. Boutelle v. ChrislawWisconsin Supreme Court · 1967

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