MENARD v. SASS

No. 84-2321.

127 Wis.2d 397 (1985)

379 N.W.2d 344

William R. MENARD, Plaintiff-Respondent, v. Don SASS, d/b/a Sass Investment & Realty, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 20, 1985.


Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs by Phil Elliott, Jr., of West Allis.

For the plaintiff-respondent, there was a brief filed by Robert K Steuer, of Weiss, Steuer, Berzowski, Brady & Donahue of Milwaukee.

Before Scott, C.J., Brown, P.J., and Wedemeyer, J.


BROWN, P.J.

We are asked to construe ab initio a standard provision in a real estate broker's contract concerning moneys due broker if the buyer defaults. There is no question but that the broker produced a ready, willing and able buyer. Under Wisconsin law, he is entitled to a full commission. We hold that the provision in the standard listing agreement, in which broker agrees to take less, is operable only in a narrow instance. Since that instance did not...

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