Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1916-03-16
SPRING GREEN
CASE IS Won
BY DEFENDANT I
VILLAGE HOTEL
and TEXAS
LANDS IN CASE
Jury Returns With A SIP &C.
ial Verdict For
Mr.. Post


The first case tried by a jury at thu
present March term of circuit court, be-
fore Judge O'Neill, was that of VIM.
Norton vs. Fred G. Post, late county
highway commissioner On Thursday
afternoon the jury rendered a special
verdict found below. The trial involv'
ed the question of the right of Mr.. Nor
ton, who is a real estate broker resld-
ing in Madison, to commission of 1920
from Mr.. Post in connection with the
exchange of Mr.. Posts hotel property
at Spring Green for a section of farm
lands situated in the panhandle of Tex.
rs for which it was claimed Mr. Post
traded his hotel with Mrs. Levisa
Scott in the spring of 1913 Mr.. Nor
ton claimed to epresent both Mr.. Post
and Mrs. Scott as a middleman, sO-cal-
led, in effecting the trade and wanted
commission from both parties. Mr..
Pest claimed that Mr.. Norton was the
agent solely of Mrs. Scott and acted ad-
versely to Mr.. Posts interests in guar
antying to Mr.. Post Mrs. Scott's title
to the land in Texas, which it is claim
ed later proved defective. The deed
given by Mrs. Scott to Mr.. Post of
the Texas lands was not signed by Mrs.
Scott's husband, as required by the
laws Of Texas. In the exchange of
properties Mr.. Post took in part con-
sideration from Mrs. Scott mortgage
Of$8, ono against the hotel property
and Mrs. Scott's property in Tex
as was then subject to mortgage
indebtedness in the sum of So, $50, ac-
cording to the evidence on the trial.
1t is also developed that previous te
executing one of the above mortgages
a mortgage of So. 900 had been given
and defect found. Another mortg age
was then executed and the first one was
not released which left total of SIS,
600 against the property.
In the trial over the hotel property
at Spring Green some months ago il
was discovered that the deed called for
q line which divided the hotel through
some of the rooms, making an awkward
situation with Mrs. Scott having a sup.
posed title to part of the rooms and the
former owner the title to the other por-
ton. 1t was an unusual division OF
property and an unusual situation.
The holder of the mortgage on the
Texas lands Immediately foreclosed his
mortgage after the trade, and Mr.. Po>t
about a year ago foreclosed his mort
gage against Mrs. Scott on the Spring
Green hotel property. While the pre-
sent trial occupied considerable time
and much evidence of a documentary
character was given, the only witness
sworn in the trial were Mr.. Norton, Mrs,
Scott and Mr.. Post.
At the close of the testimony Judge
O'Neill submitted the following special
verdict:
Question No. l. Did the defendant
employ the plaintiff as a broker to rem
der services in procuring party who
would exchange property for defen
dant's hotel?
Answer-No.
Question No. q Did the defendant
promise to pay the plaintiff a commits
sion of two per cent on the value Of
defendants hotel property for plain
tiff's services in procuring a customer
who would exchange property with de-
fendant's property on terms satisfac
tory to defendant?
Answer-No.
Question No. 8. Did the plaintiff be
fore the contract was signed between
Mrs. Scott and the defendant, on Feb
ruary 26, 1913, guarantee the title t
the Texas land to the defendant?
Answer Yes.
Dated March 8, 1916.
VIM. Rick, foreman.
The jury consisted of VIM. Rick
Samuel Harvey, Louis Edwards, Geo
Meng. Albert Bender, Walter Phillips
George FL. Stein, Felix Ferber, Marx
Schneider, Fred Schroeder, Louis Ley
man, Edgar Wood.
j. J. McManamy. an attorney from
Madison, represented Mr.. Norton an,
Attorney V. I'll. Cady, Baraboo, ap
peared for Mr.. Post.
Continued on next page.)