Munson v. Furrer

This is an action to recover a real estate broker's commission for the sale of real estate under an exclusive listing agreement. On January 9, 1948, the defendant, Paula Furrer, and her husband, John Furrer (who subsequently died in February, 1948) signed a listing contract submitted by the plaintiff, Earl H. Munson, to sell their home located in the city of Madison, Wisconsin, at a specified sale's price of $23,000. The form of this listing agreement had been drafted by the plaintiff, who is also an attorney as well as a real estate broker, and after so drafting the same he had it printed for use in his real estate brokerage business. The contract specified that it was to remain in force until March 9, 1948, and that if the property was 'sold or exchanged within three months after termination of this contract to anyone with whom you (the plaintiff) negotiated during the life of this contract, I (the defendant) agree to pay you five per cent commission on the sale price'. The plaintiff resided at Cambridge in Dane county and he advertised the defendant's property for sale in newspaper advertisements and had various Madison real estate brokers, as his sub-agents, show the property to prospects. On March 5, 1948, a Mr. and Mrs. Lien, as sub-agents of the plaintiff, exhibited the property to a Mrs. Yopack. Mrs. Yopack expressed interest in the property and stated that she would like to have her husband see it.