Werner v. Leser

Stevens, J.(1) The controlling question is whether an owner who sells real estate through the instrumentality of a broker is entitled to the excess over the net price fixed by him, where the contract provides that the broker must secure his commission and all fees and expenses from the purchaser." Had the contract expressly provided that the brokers were entitled to all sums paid in excess of the net price, the owner very clearly would not be entitled to any sum in excess of that net price. Donohue v. Padden, 93 Wis. 20, 23, 66 N. W. 804. It seems equally clear, as was established in Arnold…