Public-domain · open source
OpenJurist

145 Wis. 472

Litts v. Morse

Wisconsin Supreme Court

Decided March 14, 1911

Wisconsin Supreme Court · decided 1911-03-14

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.

Affirmed · Decided 1911-03-14

EaeNes, J.

¶1The 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.

¶21. 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.

¶32. The evidence quite clearly shows that the plaintiffs acted in the capacity of middlemen and not as agents of the defendant. Such being the situation, they were entitled to recover the commission agreed upon. Tasse v. Kindi, ante, p. 115, 128 N. W. 972, and cases cited.

¶4By the Gowrt. — Judgment affirmed.

/145/wis/472 · .json · Public domain