Rule v. J. L. Gates Land Co.
Wisconsin Supreme Court
Appeai. from a judgment of the circuit court for Iowa county: Geoege OlemeNtsoN, Circuit Judge. This is an action to recover agent’s commission upon tbe . sale of real estate.
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Appeai. from a judgment of the circuit court for Iowa county: Geoege OlemeNtsoN, Circuit Judge. This is an action to recover agent’s commission upon tbe . sale of real estate. Tbe complaint alleged, in effect, tbat tbe defendant is a corporation engaged in tbe business of selling lands, and tbat tbe firm of Manning & Sabin are and bave been its agents at Ladysmith, Wisconsin, with authority to sell land for tbe defendant and to employ subagents to sell land for tbe defendant; tbat in August, 1902, tbe plaintiff induced two persons named Grunow and Gruber to go with him to Dakota and northern…
1Opinion of the CourtWiNsnow, J.
The issues presented by the pleadings in the case were, in substance: (1) Whether Manning & Sabin made the agreement with the plaintiff alleged in the complaint; and (2) whether they had any authority to bind the defendant by such an agreement. The court found that the agreement was made by Manning & Sabin, but that it was induced by a false representation of fact made by the plaintiff, and hence that plaintiff was not entitled to recover thereon, and rendered judgment for the defendant without passing upon the question of the authority of Manning & Sabin to bind the defendant by such…
2Cases cited1 opinion
- Deuster v. MittagWisconsin Supreme Court · 1900
3Cited by1 opinion
- Nottingham Associates v. ChristianRichmond County Circuit Court · 1992