Minder & Jorgenson Land Co. v. Brustuen
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. C. X. Seward, Judge. Action by the Minder & Jorgenson Rand Company against Ole P. Brustuen, first, to recover a commission on an alleged land trade, and, second, to recover money paid by plaintiff at defendant’s request, in said transaction. (From a judgment for defendant on the first cause of action and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Roberts County. Hon. C. X. Seward, Judge. Action by the Minder & Jorgenson Rand Company against Ole P. Brustuen, first, to recover a commission on an alleged land trade, and, second, to recover money paid by plaintiff at defendant’s request, in said transaction. (From a judgment for defendant on the first cause of action and from an order denying a new trial, plaintiff appeals. When Exhibits 3 and 4 were executed and respondent began under contract Exhibit 2 to invoice the 'goods therein mentioned there was a substitution -of parties and Exhibit 2 should be read…
1Opinion of the CourtWhiting, J.
The plaintiff pleaded two causes of action— the first -to recover $900 alleged to be due as commissions for prc curing a party who was ready, able, and willing to trade for cen tain of defendants lands in accordance with the terms of an agency contract between plaintiff and defendant; the -second, to recover $2,500 alleged to have been paid by plaintiff, at the instance and request off defendant, to the persons whom plaintiff had procured as exchangers for -said land. Upon the first trial Of this cause in the circuit court verdict was directed in favor of the defendant, on both causes of…
2Cases cited3 opinions
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1910
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1910
- Minder & Jorgenson Land Co. v. BrustuenSouth Dakota Supreme Court · 1912
3Cited by3 opinions
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Nicholson v. RoopNorth Dakota Supreme Court · 1954
- First National Bank of Frederick v. McIlvaineSouth Dakota Supreme Court · 1913