166 Wis. 315 | Wis. | 1917
Several matters are referred to in the briefs of counsel which we do not deem necessary to discuss. As indicated in the statement, the consummation of the commission contract called for an exchange of deeds. It provides that the commission should be paid after the deeds upon the exchange of property were made and delivered. That obviously called for a deed on appellant’s part conveying an unincumbered title to his property. The evidence is undisputed that he did not do that and was.unable to do so.
Why the court submitted the third question is not perceived. There was no evidence nor claim that the contract with Olerkin was not carried out through the fault of re: spondent. - Therefore the court very properly changed the
It has been suggested that since the exchange of deeds was-made a prerequisite to payment of the commission, it makes-no difference why such exchange was prevented. That does-not seem sound. By necessary inference, since appellant agreed to give a perfect title, it must be that the understanding between him and respondent was that he could and would do so and not induce respondent to perform on his part and then claim a failure to earn the commission by reason of his own fault.
By the Court. — The judgment is affirmed.