Emerson v. Hennessy
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Eamsey county, Kerr, J., presiding, setting aside a verdict of $4,992 in his favor, in an action by him, as assignee of one Robert B. Hunter, for commissions alleged to have been earned by Hunter as a real-estate agent, and granting a new trial.
1Opinion of the CourtMitchell, J.
If the trial judge had filed no memorandum in connection with the order appealed from, it could hardly be claimed but. that, under the rule laid down in Hicks v. Stone, 13 Minn. 398, (434,) so often followed by this court, the order granting a new trial should be affirmed. The main issue in the case was whether the defendants had made an express contract with Hunter, plaintiff’s assignor, that, if he procured a purchaser for a certain tract of land they would pay him, as a. commission, one-half of all he sold it for over $500 per acre.. The only direct evidence on behalf of the plaintiff was…
2Cases cited1 opinion
- Wood v. CullenSupreme Court of Minnesota · 1868
3Cited by4 opinions
- Parrish v. PeoplesSupreme Court of Minnesota · 1943
- Farmers State Bank of Christine v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1925
- Raymond v. BaehrSupreme Court of Minnesota · 1968
- Bethany Fellowship, Inc. v. MurkSupreme Court of Minnesota · 1955