Seifert v. Dirk
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wau-kesha county: David W. Agnew, Judge. The complaint alleged, in substance, that plaintiff is a real-estate broker and a licensed member of the Wisconsin Real Estate Board; that the defendants listed with him as such broker certain real estate of which they were the owners for sale or exchange; that the defendants promised and agreed to pay plaintiff for his services in and about such sale or exchange the usual and customary…
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Appeal from a judgment of the county court of Wau-kesha county: David W. Agnew, Judge. The complaint alleged, in substance, that plaintiff is a real-estate broker and a licensed member of the Wisconsin Real Estate Board; that the defendants listed with him as such broker certain real estate of which they were the owners for sale or exchange; that the defendants promised and agreed to pay plaintiff for his services in and about such sale or exchange the usual and customary brokerage or commission paid for such services in the city of Milwaukee, that is, three per centum of the price fixed,…
1Opinion of the CourtEschweiler, J.
The complaint was treated in the court below and on its presentation here as sufficient in form to state a claim upon quantum meruit as well as upon an express contract to recover for rendered and accepted services *222in the exchange of real estate by the plaintiff as real-estate broker for the defendants. We shall so treat it here, though the language of the complaint, so far as it purports to set out a cause of action quantum meruit, may not be as precise and definite as the usual rules of pleadings for such cause of action require.
The demurrer to the complaint was sustained in the court below…
2Cases cited44 opinions
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Ellis v. CaryWisconsin Supreme Court · 1889
- Estate of KesslerWisconsin Supreme Court · 1894
- Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
39 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Landis v. W. H. Fuqua, Inc.Court of Appeals of Texas · 1942
- Hale v. KreiselWisconsin Supreme Court · 1927
- Nickoll v. Racine Cloak & Suit Co.Wisconsin Supreme Court · 1927
- Harris v. BlasbergOhio Court of Appeals · 1928
- Levine v. MuellerWisconsin Supreme Court · 1930
4 more not listed; retrieve them via the Exa API.