Bowe v. Gage
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Chesteb A. Eowlee, Circuit Judge. Tbe defendants, being interested in a farm in Eond du Lac county, entered into an agreement with tbe plaintiffs, real-estate agents, to tbe effect, as found by tbe jury, that, if plaintiffs should effect a sale or procure a purchaser at a price acceptable to the defendants, tbe latter would pay plaintiffs a two per cent, commission on the price obtained.
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Appeal from a judgment of tbe circuit court for Eond du Lac county: Chesteb A. Eowlee, Circuit Judge. Tbe defendants, being interested in a farm in Eond du Lac county, entered into an agreement with tbe plaintiffs, real-estate agents, to tbe effect, as found by tbe jury, that, if plaintiffs should effect a sale or procure a purchaser at a price acceptable to the defendants, tbe latter would pay plaintiffs a two per cent, commission on the price obtained. Eighteen thousand dollars was stated as tbe price which defendants desired or demanded. Plaintiffs made various exertions to mate sale,…
1Opinion of the CourtDodge, J.
1. Tbe sufficiency of tbe complaint to state a cause of action is assailed. Appellants’ argument upon this subject, as also upon sufficiency of tbe proofs, is pervaded by an assumption tbat tbe agreement was to pay commission only in case plaintiffs found a customer ready and willing to pay $18,000. Such assumption is not supported by tbe complaint and is negatived by tbe verdict. Tbe one alleges, and tbe latter finds, a contract to pay plaintiffs for tbeir services in endeavoring to effect sale two per cent, of tbe price for which tbe farm should be sold to any customer produced by them.…
2Cases cited21 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Stewart v. MatherWisconsin Supreme Court · 1873
- Shaw v. GilbertWisconsin Supreme Court · 1901
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Marple v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1911
- Anderson v. Chicago Brass Co.Wisconsin Supreme Court · 1906
28 more not listed; retrieve them via the Exa API.