Lyle v. Dellinger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice. Cassoday: “The undisputed evidence shows that the defendant, by an instrument in writing, appointed the plaintiff as his agent for the sale and renting of a house and-lot here in question, and also of another house and lot, at prices named, but expressly stipulated that in case the defendant found 1ns own customer the plaintiff should have no fee.
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice. Cassoday: “The undisputed evidence shows that the defendant, by an instrument in writing, appointed the plaintiff as his agent for the sale and renting of a house and-lot here in question, and also of another house and lot, at prices named, but expressly stipulated that in case the defendant found 1ns own customer the plaintiff should have no fee. The renting was effected through John Pearson and Mr. Bishop, father of Mrs. Carpenter, both acting for and in her behalf. During the negotiation for…
1Opinion of the CourtCassoday, J.
There is evidence tending to show that after the plaintiff, as agent of the defendant, had rented the house and lot to Mrs.-Carpenter, "William E. Field, acting for her, purchased the same of the defendant, personally, and that the plaintiff had nothing to do with such purchase, nor any of the negotiations leading to the same. This testimony, and the express written stipulation that the plaintiff should “have no fee ” in .case the defendant found his “own customer,” seem to be sufficient to sustain the judgment of the circuit court; and the same is therefore affirmed.
By the Court.— Judgment…
2Cited by1 opinion
- Stebbins v. KilleenWisconsin Supreme Court · 1887