Mitler v. Associated Contractors, Inc.

Under the judgment of the trial court the plaintiff was awarded no commission on the sale of the 28 lots in block 6. The principal issue upon this appeal is whether the plaintiff had a contract in writing which provided that he was to receive a commission on the sale of these 28 lots that contained the essential terms required by sec. 240.10, Stats.

The covenant of the contract of sale on the part of the defendant to pay commission to the plaintiff was contained in the defendant’s acceptance of the purchaser’s offer. Such acceptance was dated May 16, 1955, and read as follows:

“The above offer…