Oliver v. Katz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. The appeal is from a judgment for $225, interest and costs in an action for breach of a commission contract upon sale of real estate. The appellant assigns as error: (1)- The refusal of a nonsuit; (2) the refusal to direct a verdict for defendant; (3) the refusal to grant a new trial; (4) errors in refusing and in giving instructions to the jury; (5) error in the exclusion of evidence.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. The appeal is from a judgment for $225, interest and costs in an action for breach of a commission contract upon sale of real estate. The appellant assigns as error: (1)- The refusal of a nonsuit; (2) the refusal to direct a verdict for defendant; (3) the refusal to grant a new trial; (4) errors in refusing and in giving instructions to the jury; (5) error in the exclusion of evidence. They contended, inter alia, that even if the plaintiffs had not abandoned the contract and their time had not been…
1Opinion of the CourtTimxiit, J.
Quoting from appellant’s brief:
“On December 8th Oliver, in. company with Erost, while •on their way to look at other farms, met the defendant Katz -on the road, and Oliver asked him if his farm was for sale. Defendant told Oliver that it was and fixed the price at '$4,500, of which $2,000 was to be paid in cash by the pur■chaser, plaintiffs to receive five per cent, commission. The -same day the defendant limited the time within which the plaintiffs could sell to one week. These terms are "undisputed.”
If this was an accurate version of the facts in this case the assignments of error 1 to 4…
2Cases cited2 opinions
- Hubachek v. HazzardSupreme Court of Minnesota · 1901
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- Ensign v. United Pacific Ins. Co.Utah Supreme Court · 1945
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