Legal Opinion

Tilton v. J. L. Gates Land Co.

Wisconsin Supreme Court

Decided October 5, 1909PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for Clark county: Chas. M. Webb, Judge. Tbe’ material part of tbe complaint in tbe action alleged that on or about March 22, 1900, tbe plaintiff Lester Tilton-entered into a contract with tbe defendants, whereby said plaintiff was employed to show prospective purchasers such lands as either of said defendants should require him to show, and that defendants agreed to pay for such services, in tbe event of a sale being made of any…

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Appeal from a judgment of tbe circuit court for Clark county: Chas. M. Webb, Judge. Tbe’ material part of tbe complaint in tbe action alleged that on or about March 22, 1900, tbe plaintiff Lester Tilton-entered into a contract with tbe defendants, whereby said plaintiff was employed to show prospective purchasers such lands as either of said defendants should require him to show, and that defendants agreed to pay for such services, in tbe event of a sale being made of any lands in Clark comity which the said plaintiff should be called upon to show prospective purchasers, a commission of five…

1Opinion of the Court

The following opinion was filed May 11, 1909:

BaiíNes, J.

Numerous errors of fact and of law are assigned. Those involving questions of fact can be grouped under three heads: (1) Erroneous allowance of commissions *202not earned or due when suit was commenced; (2) failure to award damages against the plaintiffs for breaches of their contract, which it is claimed were established on the trial; and (3) refusal to hold that there was an account stated between the parties on July 16, 1900. The errors involving questions of law that it is deemed essential 'to discuss in view of the conclusions reached…

2Cases cited30 opinions

  1. National Machine & Tool Co. v. Standard Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1902
  2. Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
  3. Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
  4. Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
  5. Jennings v. LyonsWisconsin Supreme Court · 1876

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3Cited by6 opinions

  1. Malco, Inc. v. Midwest Aluminum Sales, Inc.Wisconsin Supreme Court · 1961
  2. Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
  3. Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
  4. Savich v. HinesWisconsin Supreme Court · 1921
  5. Dore v. Glenn Rock Mineral Spring Co.Wisconsin Supreme Court · 1911

1 more not listed; retrieve them via the Exa API.

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