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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 1099. Special Finding Of Jury That Plaintiff Was Procuring Cause Of Sale Construed Not To Entitle To Commissions |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
In an action for a broker's commissions, the jury specially found that plaintiff was the procuring cause of the sale by the owner to the purchaser; but also found that plaintiff, before the sale, had released defendant from the obligation to pay any commissions in case he sold the farm himself, and that defendant relied on such releases in selling the farm. Held, that a finding that plaintiff was the procuring cause of the sale only meant that plaintiff drew the purchaser's attention to the farm, and did not constitute a finding that the sale was in fact made by plaintiff and not by the owner, so as to entitle plaintiff to commissions, notwithstanding the release. Wisconsin Farm Land Co. v. Bullard, 119 Wis. 320, 96 N. W. 833
 
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