Hug v. Theilacker

The contract of listing expired March 14, 1921. It is not contended that plaintiff is entitled to compensation under the terms of that contract. Plis claim for compensation, therefore, rests in implied contract. In order to create an implied contract facts and circumstances must be shown from which a hiring can be implied. Segnitz v. A. Grossenbach Co. 158 Wis. 511, 149 N. W. 159; note in 27 L. R. A. n. s. 786. In order to give rise to such an implication it must appear that the plaintiff was rendering service in behalf of the defendant with his knowledge and consent. The plaintiff testified…