Barry v. Schmidt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. Action to recover the sum of $100 which it is alleged the defendant agreed to pay to the plaintiff for his services in selling her land. The answer, in addition to a general denial, alleged that in the matter of the sale of the land the plaintiff had been employed as the agent of the purchaser; A jury having been waived the cause was tried by the court.
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APPEAL from the Circuit Court for Trempealeau County. Action to recover the sum of $100 which it is alleged the defendant agreed to pay to the plaintiff for his services in selling her land. The answer, in addition to a general denial, alleged that in the matter of the sale of the land the plaintiff had been employed as the agent of the purchaser; A jury having been waived the cause was tried by the court. At the close of the plaintiff’s testimony a motion for a non-suit was denied. The evidence and the findings of fact sufficiently appear from the opinion. The defendant appealed from a…
1Opinion of the CourtOetoN, J.
The first error assigned is that the circuit court refused to order a nonsuit on the case made by the plaintiff.
On behalf of the plaintiff it was substantially proved that he was employed by the' defendant to find a purchaser for her land at the price of $1,500, for which service she agreed to pay him the sum of $100; that the plaintiff, on behalf of the defendant, proposed to sell the land to one Thomas Troog for that sum, and that Troog. looked at the land, accepted the proposition, and authorized the plaintiff to sign the contract for him on such purchase, and that he did so sign the name…
2Cases cited7 opinions
- Stewart v. MatherWisconsin Supreme Court · 1873
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Herman v. MartineauWisconsin Supreme Court · 1853
- Meyer v. HanchettWisconsin Supreme Court · 1877
- Meyer v. HanchettWisconsin Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Johnson v. HaywardNebraska Supreme Court · 1905
- Orton v. ScofieldWisconsin Supreme Court · 1884
- Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
- Mann v. BradySupreme Court of Oklahoma · 1921
13 more not listed; retrieve them via the Exa API.