Delaplaine v. Turnlet
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action by Delaplaine and Bv/rdielc against P. T. Turnley and wife, to recover §200 for certain services rendered by plaintiffs at defendants’ request, between about the 1st of March and the 1st of November, 1876, in taking charge of real property in Madison, in this state, advertising it for sale, soliciting purchasers, procuring from one Parker proposals for an exchange, which were approved by the defendants, drawing deeds,…
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APPEAL from the Circuit Court for Dane County. Action by Delaplaine and Bv/rdielc against P. T. Turnley and wife, to recover §200 for certain services rendered by plaintiffs at defendants’ request, between about the 1st of March and the 1st of November, 1876, in taking charge of real property in Madison, in this state, advertising it for sale, soliciting purchasers, procuring from one Parker proposals for an exchange, which were approved by the defendants, drawing deeds, etc. The complaint alleges that these services were reasonably worth the sum above named. The answer was a general denial.…
1Opinion of the CourtCole, J.
We think the nonsuit in this case was improperly granted. It is not necessary now positively to decide whether or not the plaintiffs could recover their commissions on the trade made with Parker; but surely they were entitled to recover something for their services in taking charge of the property, looking after it, and advertising it for sale. The correspondence shows that they were to be paid the actual expenses of advertising, and at the rate of $25 per annum for services in caring for the property, even if no sale was effected. And we can see no difficulty in the way of their recovering…
2Cases cited1 opinion
- Stewart v. MatherWisconsin Supreme Court · 1873
3Cited by12 opinions
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- McNally v. McAndrewWisconsin Supreme Court · 1897
- Willes v. SmithWisconsin Supreme Court · 1890
- Scott v. ClarkSouth Dakota Supreme Court · 1893
- Goss v. StevensSupreme Court of Minnesota · 1884
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