Willey v. Rutherford
Wisconsin Supreme Court
Appeal from a judgment of the county court of Jefferson 'County: Geobge Gbimm, Judge. This is an action by real-estate brokers to recover their commissions. Many of the facts were undisputed.
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Appeal from a judgment of the county court of Jefferson 'County: Geobge Gbimm, Judge. This is an action by real-estate brokers to recover their commissions. Many of the facts were undisputed. It appears that the defendant owned a farm of 160 acres in Jefferson county, •and desired to dispose of it; that the plaintiffs were partners and real-estate agents at Lake Mills, in the same county; that the plaintiff Dodge met the defendant, in May or June, 1898, and had a conversation with him about selling the farm, which finally resulted in the defendant’s saying to Dodge, “ I will give you one…
1Opinion of the Court
"WiNslow, J.
The contract between the parties was undisputed. It was not a contract to sell Rutherford'1s farm, or to find a purchaser at any specified price, but simply a contract to bring Rutherford a man-with whom he could deal satisfactorily. The plaintiffs did produce a man with whom Rutherford finally made a satisfactory trade, and the only possible question in the case was whether the deal finally made can fairly be said to have been made as a result of the efforts of the plaintiffs. Was the transaction a continuous one notwithstanding the temporary suspension of negotiations ? It may,…
2Cited by2 opinions
- Bowe v. GageWisconsin Supreme Court · 1906
- Buroff v. BergmannWisconsin Supreme Court · 1919