Legal Opinion

Ahearn v. Borngesser

Wisconsin Supreme Court

Decided November 19, 1912PublishedCited by 2 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Esghweileb, Circuit Judge. Tbe complaint in tbis action alleged tbat plaintiff entered into an agreement with tbe defendant whereby be was to secure a purchaser for certain real estate owned by tbe defendant and tbat be was to receive for bis services all in excess of $48,000 paid for tbe property; tbat be found a purchaser who was able, ready, and willing to pay $50,000; tbat tbe parties were brought…

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Appeal from a judgment of tbe circuit court for Milwaukee county: E. 0. Esghweileb, Circuit Judge. Tbe complaint in tbis action alleged tbat plaintiff entered into an agreement with tbe defendant whereby be was to secure a purchaser for certain real estate owned by tbe defendant and tbat be was to receive for bis services all in excess of $48,000 paid for tbe property; tbat be found a purchaser who was able, ready, and willing to pay $50,000; tbat tbe parties were brought together and that tbe proposed terms of tbe purchaser were accepted by tbe defendant, but tbat defendant failed and…

1Opinion of the Court

EaRNBS, T.

Under tbe terms of bis contract tbe agent was obliged to secure a purchaser wbo was able to pay casb. Tbe agent produced a prospective purchaser who expressed a willingness to buy tbe property and pay casb therefor, but stated that be would prefer to pay part of tbe purchase price in casb and secure time on tbe remainder. Tbe evidence tended to •show that tbe defendant was willing to make tbe concessions requested by tbe purchaser in reference to tbe manner of payment, but that be stated that bis sister owned a half interest in tbe property and that be could not consent to sell on…

2Cases cited4 opinions

  1. McCabe v. JonesWisconsin Supreme Court · 1910
  2. Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
  3. Donohue v. PaddenWisconsin Supreme Court · 1896
  4. Riemer v. RiceWisconsin Supreme Court · 1894

3Cited by2 opinions

  1. Driscoll v. BunarMassachusetts Supreme Judicial Court · 1952
  2. Lundell v. AllenCourt of Appeals of Texas · 1922

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