Roberts v. Harrington
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. B. Belden, Judge. Action to recover a two per cent, commission for the sale of defendant’s farm of 185 acres, founded upon a written contract stating that defendant “gives to party of the first part [plaintiff] the exclusive sale of” his farm upon specified terms for a period of four months from December 13, 1916, the date of the contract.
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Appeal from a judgment of the circuit court for Dane county: E. B. Belden, Judge. Action to recover a two per cent, commission for the sale of defendant’s farm of 185 acres, founded upon a written contract stating that defendant “gives to party of the first part [plaintiff] the exclusive sale of” his farm upon specified terms for a period of four months from December 13, 1916, the date of the contract. On April 3, 1917, defendant sold the farm to one Schoeneman for $7.50 per acre less than the price specified in the contract and without any knowledge that plaintiff had endeavored ff> interest…
1Opinion of the CourtVinje, J.
The evidence shows without dispute that plaintiff had 'repeatedly sought to interest Schoeneman, among others, in the purchase of the farm and had gone to some expense to secure a purchaser upon the terms specified. It also likewise shows that he had been unable to secure a purchaser, and that neither he nor Schoeneman nor any one else had informed the defendant that plaintiff had endeavored tO' induce Schoeneman to buy the farm. The sale was therefore made by defendant to a person to whom he believed and had reason to believe he had a perfect right to sell without incurring any liability for…
2Cases cited8 opinions
- Dole v. SherwoodSupreme Court of Minnesota · 1889
- Armstrong v. WannSupreme Court of Minnesota · 1882
- Ingold v. SymondsSupreme Court of Iowa · 1904
- Golden Gate Packing Co. v. Farmers' UnionCalifornia Supreme Court · 1880
- Putnam v. HowSupreme Court of Minnesota · 1888
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3Cited by16 opinions
- Ladd v. TeichmanMichigan Supreme Court · 1960
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- E. A. Strout Western Realty Agency v. GregoireCalifornia Court of Appeal · 1950
- Harry H. Rosin Co. v. EksterowiczSuperior Court of Delaware · 1950
- Cantrell v. McLemoreSupreme Court of Oklahoma · 1926
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