John E. DeWolf Co. v. Harvey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. TubneR, Circuit Judge. Plaintiff brings this action to recover from the defendants commission alleged to be due it as a broker under the terms of certain written proposals dated March 1, 1913, which are as follows: “John E. DeWolf Company, Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. TubneR, Circuit Judge. Plaintiff brings this action to recover from the defendants commission alleged to be due it as a broker under the terms of certain written proposals dated March 1, 1913, which are as follows: “John E. DeWolf Company, Milwaukee. “Gentlemen: In consideration that you, on or before March 10, 1913, procure some person or corporation to purchase from the present owners the following described property : [here follows description] for the sum of four hundred and thirty-five thousand dollars ($435,000), to…
1Opinion of the CourtBarnes, J.
It is not now asserted that the proposition (which for convenience will hereafter be referred to as a contract) submitted by Harvey to the plaintiff was literally complied with by the latter, although the original complaint was framed on that theory. The claim that there was a substantial performance was made by an amended complaint, but was not submitted to the jury, and the sole issue submitted for determination was whether or not the arrangement as made and carried out by the Ticonic Investment Company was taken and considered by the parties to this action as a ful-filment of the contract…
2Cases cited12 opinions
- Upham v. PlankintonWisconsin Supreme Court · 1913
- State Bank v. DuttonWisconsin Supreme Court · 1860
- Sadowski v. Thomas Furnace Co.Wisconsin Supreme Court · 1914
- Schoenmann v. WhittWisconsin Supreme Court · 1908
- Steber v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Brenner v. SpiegleOhio Supreme Court · 1927
- Braniff v. BaierSupreme Court of Kansas · 1917
- Papke v. HaerleWisconsin Supreme Court · 1926
- Knickerbocker v. Beaudette Garage Co.Wisconsin Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.