Sexton v. Goodrich
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. Action for agreed two per cent; commission for effecting sale of two parcels of land by tbe plaintiffs at tbe employment of tbe defendant, one known as tbe Twenty-fourtb street property and tbe other as tbe Grand avenue property.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. Action for agreed two per cent; commission for effecting sale of two parcels of land by tbe plaintiffs at tbe employment of tbe defendant, one known as tbe Twenty-fourtb street property and tbe other as tbe Grand avenue property. Tbe defenses were, first, as to both parcels, that defendant acted only as agent for tbe respective owners in employing plaintiffs and did not become liable; and, as to tbe Twenty-fourtb street property, a further defense that plaintiffs bad agreed to accept in full…
1Opinion of the CourtDodge, J.
The single assignment of error is the overruling of defendant’s motion to set aside a verdict and grant a new trial because the answers are against the preponderance of the evidence. This discloses an unaccountable confusion in counsel as to the questions which will be considered in this court on appeal. If there is no fault with the verdict other than that the preponderance of the evidence has been ignored by the jury, and the trial court, upon motion for that purpose, has refused to disturb it, it is futile to bring the case here on appeal. This court will reverse a judgment based upon the…
2Cases cited7 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
- Francis v. EddySupreme Court of Minnesota · 1892
- Peat v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
- Burdon v. BriqueletWisconsin Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Keefe v. StephensonWisconsin Supreme Court · 1908
- Buroff v. BergmannWisconsin Supreme Court · 1919
- Combes v. AyresCourt of Appeals of Texas · 1924