Litts v. Morse
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: MaetiN L. Luece, Circuit Judge. Plaintiffs allege that in the fall of 1906 they entered into ■an agreement with the defendant whereby the defendant •agreed to pay to the plaintiffs the sum of $500 commission in the event of their securing a purchaser at a stated price for defendant’s hotel property in the city of Elkhom.
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Appeal from a judgment of the circuit court for Wauke-sha county: MaetiN L. Luece, Circuit Judge. Plaintiffs allege that in the fall of 1906 they entered into ■an agreement with the defendant whereby the defendant •agreed to pay to the plaintiffs the sum of $500 commission in the event of their securing a purchaser at a stated price for defendant’s hotel property in the city of Elkhom. The complaint also alleges that the defendant agreed to take in exchange for such property improved or unimproved Western lands; that thereafter plaintiffs secured the Burchard-Hurl-but Land Company as a…
1Opinion of the CourtEaeNes, J.
The defendant contends (1) that the verdict rendered is not supported by the evidence, and (2) that the plaintiffs cannot recover because they acted as the agents of both parties to the transaction.
1. The plaintiff Francis testified to the making of the contract, the substance of which is contained in the statement of facts. The defendant denied that such contract was made. On this disputed testimony the jury found for the plaintiffs and its verdict is conclusive in this court.
2. The evidence quite clearly shows that the plaintiffs acted in the capacity of middlemen and not as agents of the…
2Cases cited1 opinion
- Tasse v. KindtWisconsin Supreme Court · 1911
3Cited by1 opinion
- Edwards v. FrenchSupreme Court of Missouri · 1924