45 Wis. 268 | Wis. | 1878
The questions in this case arise upon exceptions taken to portions of the charge of the court, and exceptions taken to the refusal of the court to give certain instructions asked on the part of the defendant. The action was to recover broker’s commissions on a sale of real estate. Tbe defendant claimed that he never employed the plaintiff to make the sale, nor agreed to pay him any commissions; that whatever services the plaintiff rendered in the matter of effecting the sale, were either gratuitous or were rendered for the purchaser. The parties were sworn in tbeir own behalf, and radically disagreed as to tbe fact of employment. Upon that point the court below, among other things, charged the jury to the effect
Again, it is said that the question was not fairly submitted, whether or not the services' rendered by the plaintiff in effecting the sale to his brother-in-law, Knowles, were gratuitous so far as the defendant was concerned, especially in view of the refusal of the court to give the second instruction asked by defendant.
Then, in regard to the declarations or assertions made by the defendant in plaintiff’s presence at the tim.e the Dillingham letter was received and read in the defendant’s office, as testified to by the witnesses in the case. The defendant and his witnesses, Clements and James, testified that when the Dilling-ham letter was the subject of conversation on that occasion in the presence of the plaintiff, the defendant made the remark that he had told Clements to write Dillingham, and say that no commissions were to be paid to any one on the sale of the property, and that the plaintiff made no reply to this statement, though he must have heard it, and it was partly addressed to him. The court was asked to instruct the jury, that if they found that this remark was made as testified to, it was an assertion which naturally called for contradiction by
There are other exceptions taken to the charge of the court, but we do not deem them of sufficient importance to require any special notice. It seems to us the questions of fact were submitted to the jury on proper instructions.
By the Court. — The judgment of the county court is affirmed.