188 Wis. 17 | Wis. | 1925
There is only one fact in issue, and that is as to whether or not the title of Wyss, as shown by
There was an attempt made to release the restriction on the Wyss property by obtaining a quitclaim deed from the original grantor, but no release or quitclaim was obtained from other lotowners whose title had been likewise obtained from the common grantor. The right to enforce such a restriction is vested in all the lotowners and the common grantor. 13 Cyc. 718. The restriction can be released only by the assent of all of the grantees of the platted lots for
The appellants were within their rights in refusing to consummate the sale or exchange of property; no sale or exchange was made, and hence no commission was earned by the ag'ent.
By the Court. — The judgment of the circuit court is reversed, with directions to enter judgment in favor of the appellants.