Legal Opinion

Hensel v. Witt

Wisconsin Supreme Court

Decided December 13, 1907PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Outa-gamie county: John Goodlattd, Circuit Judge. Action to recover on a commission contract respecting the sale of real estate.

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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodlattd, Circuit Judge. Action to recover on a commission contract respecting the sale of real estate. The claim of the plaintiff was that under contract with defendant he procured a person ready, willing, and able to purchase the latter’s farm and personal property thereon for $7,000, paying therefor in part, at an agreed valuation, a brick building and the land on which it was situated in Uew London, Wisconsin, the agreed compensation for the services being three per cent, of the selling price of the farm and…

1Opinion of the CourtMaeshall, J.

It is conceded, as the fact is, that if Trayser was not able, as the court found, to make title to the property as he agreed, the direction of the verdict is right. We see no escape from the trial court’s conclusion that respondent was never afforded an opportunity to acquire a good title to such property. Counsel for appellant seems to see no way of escape from such conclusion, as to the east side of the building, except upon the theory that the easement was extinguished by adverse possession. The claim in that regard seems wholly untenable since the occupants of the store from first to last…

2Cited by2 opinions

  1. Genske v. JensenWisconsin Supreme Court · 1925
  2. Dufield v. McCormickCourt of Appeals of Wisconsin · 2005

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