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PURTELL v. TEHAN

29 Wis.2d 631 (1966)

PURTELL, d/b/a EDWARD A. PURTELL COMPANY, and another, Plaintiffs and Respondents, v. TEHAN and wife, Defendants: HACK and another, Defendants and Appellants.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Levin & Levin, attorneys, and James S. Levin of counsel, all of Milwaukee, and oral argument by James S. Levin.

For the respondents there was a brief by Blumenthal, Herz & Scholl and Thomas G. A. Herz, attorneys, and Harold Harris of counsel, all of Milwaukee, and oral argument by Thomas G. A. Herz.

CURRIE, C. J.

The issues on this appeal are:

(1) Is the allegation that "a listing contract" was entered into between Eugene Tehan and Purtell sufficient to permit such allegation to be construed as a valid real-estate broker's agreement which contains the provisions required by sec. 240.10, Stats.?

(2) If the allegation with respect to the listing contract is held to be sufficient, do the allegations of paragraph 9 of the complaint spell out a cause...

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