Dean v. Wendeberg
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wal-worth county: David W. Agnew, Acting Judge. Action by a real-estate broker to recover a commission of $793.12 on a contract relating to a sale of land in the state of Illinois.
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Appeal from a judgment of the county court of Wal-worth county: David W. Agnew, Acting Judge. Action by a real-estate broker to recover a commission of $793.12 on a contract relating to a sale of land in the state of Illinois. The complaint set out the contract, the material part of which is as follows: “. . . Said parties of the first part have agreed, and do hereby agree, to pay unto the said Dean the sum of $793.12 on March 1, A. D. 1919, provided the said deal for said land between the said first parties and the said Keating is consummated at that time, i. e. if the said Keating pay said…
1Opinion of the CourtJones, J.
The contract sued on was made in the state of Illinois, hence the Wisconsin statute relating to contracts for brokers’ commissions is not involved.
Ordinarily a real-estate agent is entitled to his commission if he has produced a person ready, willing, and able to buy on the terms authorized by the vendor. In the absence of any agreement to the contrary, the commission is earned when the proposed purchaser is able and willing to take the property or enter into a valid contract upon the terms which' have been specified by the principal. Willes v. Smith, 77 Wis. 81, 45 N. W. 666; Rees v.…
2Cases cited13 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Brackenridge v. Claridge & PayneTexas Supreme Court · 1898
- Gilder v. . DavisNew York Court of Appeals · 1893
- Fox v. RyanIllinois Supreme Court · 1909
- Smith v. SchieleCalifornia Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mansfield v. SmithWisconsin Supreme Court · 1979
- Peter M. Chalik & Associates v. HermesWisconsin Supreme Court · 1972
- Reed v. KellyCourt of Appeals for the Seventh Circuit · 1949
- Wauwatosa Realty Co. v. PaarWisconsin Supreme Court · 1956
- McGillivray v. CronrathIdaho Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.