Bryant v. Bank of Commerce

• Decision Date: 16 March 1897
• Citation: 70 N.W. 480,95 Wis. 476
• Parties: BRYANT v. BANK OF COMMERCE.
• Court: Wisconsin Supreme Court

95 Wis. 476

70 N.W. 480

BRYANT

v.BANK OF COMMERCE.

Supreme Court of Wisconsin.

March 16, 1897.

Appeal from superior court, Douglas county; Charles Smith, Judge.

Action by F. E. C. Bryant against the Bank of Commerce. From a judgment of nonsuit, plaintiff appeals. Affirmed.Knowles, Dickinson, Buchanan, Graham & Wilson, for appellant.

Catlin & Butler, Carl. C. Pope, and T. E. Lyons, for respondent.

CASSODAY, C. J.

This action is brought by the plaintiff to recover the amount of his commission for negotiating for the purchase from one Henry W. McNabb of the three lots described. The plaintiff claims that he made a contract with McNabb for the purchase of such lots for $38,250 in cash, and lot 24 and five feet off the north side of lot 25 in another block; that it was agreed and understood that he was to have, as his commission for such purchase, all of the rents accruing and due from the tenants occupying said lots, and the buildings thereon, from the time of such purchase, for the months of March and April, 1893, and that he was also to have, as and for a part of his commission, the several buildings upon said lots, which he was to remove; that the rents for those three months amounted to $710, and that the buildings thereon were reasonably worth $2,250, amounting in the aggregate to $2,960. The defendant, by way of answering, admitted that it was a corporation, as alleged, but denied each and every other allegation of the complaint. It appears from the evidence, among other things, that at a meeting of the board of directors of the defendant, January 20, 1893, Beebe, Johnson, Reed, Buxton, Brooks, and Butler being present, certain preambles and resolutions were adopted, to the effect that it was desirable that the bank be removed as soon as possible into more suitable quarters, and it had been proposed that a separate corporation be formed for the purpose of procuring a site on Tower avenue, and erecting a block thereon, to be used by the bank and for other purposes, the bank to have an interest in said corporation, and that the southwest corner of North Seventh street, known as the “Agen Corner,” could be purchased for $35,000, and the southeast corner of the same street, known as the “McNabb Corner,” could be purchased for $35,000, and it was best that one or the other of said corners be purchased for the purpose aforesaid: Therefore be it “resolved, that the president, cashier, and gentlemen Reed and Beebe, constitute a committee to treat with the owners of said corners, and they are hereby authorized to purchase one of the same upon such terms as shall seem to them most advantageous for the bank, the price to be given for the corner selected not to exceed the price of $35,000.” It is also claimed on the part of the plaintiff that there is evidence to the effect that Brooks was the cashier, and Buxton the president, of the defendant bank at the time the deal was made, and that Reed, Beebe, Brooks, and Buxton were also directors; that Brooks, on behalf of the committee, had most of the conversation with the plaintiff by which he was authorized to make the deal for the defendant; that Brooks acted under authority given by the board of directors in the resolution, and also as a director and cashier of the bank; that the terms of the purchase were agreed to between McNabb and the plaintiff, acting for the bank, and subsequently that that agreement was ratified by Buxton and Brooks, of the committee referred to; that such agreement was concluded February 28, 1893; that McNabb was always ready and willing to carry out the agreement; that Brooks, McNabb, and the plaintiff talked the matter over at the bank; that Bryant said in the presence of Brooks that the deal had been made; that Bryant showed Brooks a paper, and asked him if he could publish that in the evening paper; that Brooks consented to its publication; that that article was to the effect that the deal which had been pending for some time between the bank and McNabb was that day concluded; that the bank had bought the 75 feet front at the southeast corner of Tower avenue and Seventh street, where it would erect, in the early spring, a handsome five-story brick structure, the price paid being $50,000, or $666 a front foot, and that Bryant made the deal; that much of the conversation in reference...