Dilweg v. Milwaukee Machine Tool Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. R. Foley, Judge. On or about November 22, 1913, plaintiff was in the employ of the Gemco Company as an efficiency expert. One Meisner was employed as shop superintendent by said Gemco Company, and was endeavoring to place a contract for the American Cycle Car Company of Bridgeport, Connecticut, for the manufacture of 10,000 motorcycle engines.
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Appeal from a judgment of the circuit court for Milwaukee county: W. R. Foley, Judge. On or about November 22, 1913, plaintiff was in the employ of the Gemco Company as an efficiency expert. One Meisner was employed as shop superintendent by said Gemco Company, and was endeavoring to place a contract for the American Cycle Car Company of Bridgeport, Connecticut, for the manufacture of 10,000 motorcycle engines. Plaintiff had broached the proposition to a number of manufacturers in Milwaukee with a view of assisting Meisner in placing the contract. On November 22, 1913, he discussed the…
1Opinion of the CourtOwen, J.
It is well established that “to entitle a broker to compensation he must have been employed to negotiate the transaction in connection with which his services were rendered. In the absence of such employment, or, in other words, where the broker acts as a mere volunteer, he is not entitled to compensation, although his services are the efficient cause of bringing the parties together and result in a sale or other contract between them.” 9 Corp. Jur. 554. *202See, also, note to Geier v. Howells (47 Colo. 345, 107 Pac. 255) 27 L. R. A. n. s. 786. This principle is decisive of this case. The only…
2Cases cited3 opinions
- Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
- Geier v. HowellsSupreme Court of Colorado · 1910
- Sharp v. HoopesSupreme Court of New Jersey · 1906
3Cited by4 opinions
- Stout v. MottSupreme Court of Oklahoma · 1924
- Hug v. TheilackerWisconsin Supreme Court · 1927
- Western Industries, Inc. v. Vilter Manufacturing Co.Wisconsin Supreme Court · 1950
- Western Industries, Inc. v. Vilter Manufacturing Co.Wisconsin Supreme Court · 1950