Citation Numbers: 192 Wis. 145
Judges: Vinje
Filed Date: 2/8/1927
Status: Precedential
Modified Date: 9/9/2022
The question presented by the appeal is whether the contract set out in the statement of facts was a mere broker’s listing contract or one authorizing the agents to enter into an agreement to convey that would bind the defendants. This question was decided in the case of Grinde v. Chipman, 175 Wis. 376, 185 N. W. 288. In that case the agreement in question as to the contractual parts was identical with the one in this case except that it read, “and on sale being made at the above or other price satisfactory to the party of the first part,” instead of “and on sale being made at the price and upon the terms specified,” as this contract reads. This slight difference in phraseology cannot substantially affect the question of its construction. If anything, the contract in that case gave more latitude to the brokers than does the present contract, because it suggested there might be a modification as to price. It was held to be
By the Court. — Judgment affirmed.