Darrow v. Harlow
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Booh County. Tbe complaint alleges that on tbe 28d of November, 1864, at Beloit, in said county, defendant agreed witb plaintiff that if tbe latter would find a purchaser for a certain farm belonging to said defendant, at a price there named, be would pay plaintiff $100; and that plaintiff found such a purchaser according to defendant’s instructions, whereby defendant became indebted, &c., and bad refused to pay. Answer, in denial.
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APPEAL from tbe Circuit Court for Booh County. Tbe complaint alleges that on tbe 28d of November, 1864, at Beloit, in said county, defendant agreed witb plaintiff that if tbe latter would find a purchaser for a certain farm belonging to said defendant, at a price there named, be would pay plaintiff $100; and that plaintiff found such a purchaser according to defendant’s instructions, whereby defendant became indebted, &c., and bad refused to pay. Answer, in denial. The plaintiff’s evidence tended to show that the agreement was made as alleged; that defendant wanted $85 per acre for the land;…
1Opinion of the CourtDowner, J.
Was the motion for a nonsuit rightly overruled ? If the letter of Darrow to Harlow conveyed the idea that O’Connor would, for a part of the personal property on the farm, and the farm, give only $35 per acre, then the nonsuit ought to have been granted; for Harlow had a right to act upon the letter, and if the terms of the proposed purchase therein set out were different from what he had authorized, then he could sell to another his farm without incurring any liability to Darrow. We are of opinion that the words in the letter, “He will buy some things, and want some things put in the trade,”…
2Cited by7 opinions
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- Farmer v. HolmesNorth Dakota Supreme Court · 1916
- McDonald v. BœingMichigan Supreme Court · 1880
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