Pederson v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Polk county: Frank A. Ross, Circuit Judge. The plaintiff is a farmer and entered into a contract of agency with the defendant,- a real-estate broker, which contract, after describing the property and the amount of in-cumbrance thereon, recited: “Lowest price and terms of sale $20,500. This is to certify that I have listed the above described land with Henry Johnson for sale or trade for a period of twelve months, and I agree to…
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Appeal from a judgment of the circuit court for Polk county: Frank A. Ross, Circuit Judge. The plaintiff is a farmer and entered into a contract of agency with the defendant,- a real-estate broker, which contract, after describing the property and the amount of in-cumbrance thereon, recited: “Lowest price and terms of sale $20,500. This is to certify that I have listed the above described land with Henry Johnson for sale or trade for a period of twelve months, and I agree to pay five per cent, commission out of first money received on sale. “Dated November 23, 1915. Jens P. Pederson.” On…
1Opinion of the CourtRoseNBERRY, J.
The defendant contends that the court erred in finding that he was to receive $1,000 for his services as agent, and contends that the court should have found that he was to receive five per cent, commission on the sale price of $20,500. This finding we consider wholly immaterial in any aspect of the case. The defendant never sold the premises and never became entitled to any commission.
Defendant’s next contention is that the court erred in finding that the draft was paid. This is purely technical ánd has no merit. Whether the draft itself was in fact taken up and canceled is immaterial. The…
2Cases cited11 opinions
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Holmes v. CathcartSupreme Court of Minnesota · 1903
- Carter v. OwensSupreme Court of Florida · 1909
- Grant v. HardyWisconsin Supreme Court · 1873
- Synnott v. ShaughnessyIdaho Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burg v. Miniature Precision Components, Inc.Wisconsin Supreme Court · 1983
- Krzysko v. GaudynskiWisconsin Supreme Court · 1932
- Grinde v. ChipmanWisconsin Supreme Court · 1921
- Degner v. MoncelWisconsin Supreme Court · 1959
- Hilboldt v. Wisconsin Real Estate Brokers' BoardWisconsin Supreme Court · 1965
8 more not listed; retrieve them via the Exa API.