Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1923-11-22
R. L. Fuller Of BaraboO Claims
Commission After DeltOn Build
ms Is Sold By Hood
PERPLEXING QUESTIONS
FOR JURY TO DECIDE
Special Verdict Is Submitted,
Judgment to be in Accordance
With the Answers

During the World War Mrs Eliza
Ringing of Baraboo erected an ex-
pensive hotel at Delton and later
decided to sell or exchange for other
property. A contract was made with
R. l.. Fuller that he was to receive
five per cent providing the property
sold for $4,000. In the event of a
sale he would receive $1,000. Accord
ing to the evidence he examined some
apartment houses in Milwaukee and
Chicago for the purpose of making
an exchange, paying his own expen-
ses in making the trip. The contract
Fuller had was not an exclusive
contract which means that another
agent could sell the property.
Early in January, 1922, c. w. Hood
of Baraboo commenced correspon-
dence with G.. G. Peters of Illinois rel
ative to selling the property or ex-
changing for farm land. There were
fifteen or sixteen letters whitehall
submitted as evidence-and in none
of them was Mr.. Fuller mentioned.
This would Indicate that Hood was
not associated with Fuller in the deal
yet it was also shown that Hood
made trip to Illinois and that Fuller
paid his expenses. A banker who paid
out the $500 for the trip testified as
to the amount
There was no evidence to show
that Hood had written contract and
it was stated tat Fuller once said
er sold the property-he was willing
to give the contract up.
Worked on Sale
From the testimony it appears that
after Fuller had worked on the sale
for some time some difference arose
between Mrs. Ringing and himself
and that although he took prospective
customers to the hotel he had no
conversation with the owner His
conversations were with Mrs. Ring
ling's manager, William H. Prielipp.
After the sale Mrs. Ringing paid
Hood large commission and three
weeks after the deal was closed Fullet
announced that he expected com
mission also. 1t was stated that an
attempt was made to reach some
agreement, that Fuller had been in
gited to the office of Judge J. H. Hill
but that he failed to appear.
AS noted by the special verdict
one of the questions that puzzle! was
whether or not Fuller and Hood were
in partnership and whether or not
hey did not actually reach an agret
ment after Hood had been paid the
large commission. One of the attor-
neys accused them Of being under one
blanket but the court refused 10 per-
nit tn Jury to consider tits
Special Verdict
The following is the special ver-
dict, the court to make the final de-
l'Gision:
Question No. WAS there writ
ten agreement entered into between
the plaintiff, r. L. Fuller, and the
defendant, Mrs. Eliza Ringing, that
If the plaintiff procured purchases
! ors purchasers for the defendants land
in controversy herein, upon terms ac-
ceptable to the defendant, he should
receive a commission of five per cent
for such services?
Answer, 'eY (By the COURT
No. Did the plaintiff procure a
purchaser or purchasers for the de-
| PENDANTS land who was ready, will
ing and able to buy such land upon
terms acceptable and satisfactory to
| the defendant?
Answer, Eyes" (By the COURT
No. 3-Was the plaintiff the pro-
tContinOed on Page ErV.