Mackenzie v. Staudenmayer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Defendant was the owner of a farm consisting of 214 acres of land, forty acres of which constituted his homestead, on which he resided.
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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. Defendant was the owner of a farm consisting of 214 acres of land, forty acres of which constituted his homestead, on which he resided. On June 14, 1919, defendant, by a written contract, employed plaintiff to “sell or find a buyer” for the farm, agreeing to pay.,him two per cent, commission therefor, and gave him the exclusive sale until October 1, 1919. On June 28th the plaintiff found a purchaser for the farm, who was ready, willing, and able to purchase said property at the price fixed in…
1Opinion of the Court
Owen, J.-
Defendant claims the brokerage contract employing the plaintiff to sell, or procure a purchaser for, the farm is void because the same was not signed by his wife, which he contends is necessary by virtue of sec. 2203, Stats., which provides that “No mortgage or. other alienation by a married man of his homestead, exempt by law from execution, or any interest therein, legal or ’ equitable, present or future, by deed or otherwise, without his wife’s consent, evidenced by her act of joining in the deed, mortgage or other, conveyance, shall be valid or of any effect whatever, except a…
2Cases cited2 opinions
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