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WOODLAND REALTY, INC. v. WINZENRIED

No. 75-874.

82 Wis.2d 218 (1978)

262 N.W.2d 106

WOODLAND REALTY, INC., Plaintiff-Appellant, v. WINZENRIED, and another, Defendants-Respondents and Third-Party Plaintiffs: KNIGHT, and another, Third-Party Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 7, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Gerard J. Flood of Elm Grove.

For the defendants and third-party plaintiffs-respondents the cause was submitted on the brief of Kris M. Klovers and Moertl & Wilkins of Milwaukee.

For third-party defendants-respondents the cause was submitted on the brief of Phil Elliott, Jr., and Elliott & Elliott of West Allis.

HANLEY, J.

The sole issue presented on appeal is whether Woodland procured a purchaser of the Winzenrieds' residence in accordance with the listing contract so as to entitle it to a broker's commission?

[1]

It is a well established rule of law in this state that in order for a broker, who has been employed to procure a purchaser of real estate, to become entitled to his commission, he must produce a person "ready, willing and able to purchase...

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