Power v. Kane
Wisconsin Supreme Court
ACTION of assumpsit brought by tbe plaintiff in error against the defendant in error to recover commissions for procuring a purchaser for certain lands of the defendant in the city of Milwaukee. The declaration was in the common counts, with a bill of particulars, stating the plaintiff’s demand as three per cent, upon the amount of the purchase money. Plea, non assumpsit. The trial was by the court, a jury having been waived by the parties.
Read the full summary
ACTION of assumpsit brought by tbe plaintiff in error against the defendant in error to recover commissions for procuring a purchaser for certain lands of the defendant in the city of Milwaukee. The declaration was in the common counts, with a bill of particulars, stating the plaintiff’s demand as three per cent, upon the amount of the purchase money. Plea, non assumpsit. The trial was by the court, a jury having been waived by the parties. The evidence submitted on the trial was duly brought to the record by bill of exceptions, as well as the rulings of the judge; but the facts of the case…
1Opinion of the Court
By the Court,
Smith, J.
We think tbe judge below decided correctly, tbat tbe plaintiff below was not entitled to recover. The-compensation of tbe plaintiff was to be, according to usage, three per cent, on tbe purchase money. If there is no purchase there is no compensation; it all depends upon tbe consumma*268tion. of the sale. Power had no authority to make a written contract of sale, and there was, in fact, no sale; and it makes no difference whether the bargain failed through the default of Kane or the purchaser. The plaintiff took the risk of both, and depended for his compensation upon his…
2Cases cited4 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Maddox v. Graham & KnoxCourt of Appeals of Kentucky · 1859
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
- Ball v. AllenMassachusetts Supreme Judicial Court · 1819
3Cited by11 opinions
- Western Industries, Inc., Cross-Appellant v. Newcor Canada Limited, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984
- Thurner Heat Treating Co. v. Memco, Inc.Wisconsin Supreme Court · 1947
- Hewitt v. John Week Lumber Co.Wisconsin Supreme Court · 1890
- Hinton v. ColemanWisconsin Supreme Court · 1878
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.