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APPLE v. SCHWEKE

No. 9579.

172 F.2d 633 (1949)

APPLE et al. v. SCHWEKE.

United States Court of Appeals Seventh Circuit.

January 31, 1949.

Attorney(s) appearing for the Case

Clifford G. Mathys, of Madison, Wis., and Harold M. Langer, of Baraboo, Wis. (Langer & Cross, of Baraboo, Wis., and Rieser & Mathys, of Madison, Wis., of counsel), for appellant.

Walter F. Boye, of Chicago, Ill., and John T. Harrington, of Madison, Wis., for appellee.

Before MAJOR, Chief Judge, KERNER, Circuit Judge, and DUFFY, District Judge.

KERNER, Circuit Judge.

Defendant appeals from a judgment ordering him to pay plaintiffs the sum of $9,500. The action was based upon an alleged agreement between the parties to the effect that defendant pay a 10% broker's commission to plaintiffs if they secure a buyer for the capital stock of the Reedsburg Brewery in Reedsburg, Wisconsin. The cause was submitted to the jury which returned a verdict for plaintiffs. The errors alleged arise out of the instructions...

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