Queen City Lumber Company v. Fisher

STRUTZ, Judge.

This is an action for specific performance of a contract to sell real estate, or, if specific performance cannot be had, for damages. The facts necessary to our decision, except such as may be mentioned in discussing the law of the case, are as follows :

On April 24, 1958, the defendants Fisher and Foster, doing business as Fisher-Foster Agency, entered into a listing agreement with the defendant Iva Tourangeau, of Minneapolis, owner of certain real property in Dickinson. By the terms of the listing agreement the owner gave to the Fisher-Foster Agency “the exclusive right to sell…