Smith v. Preiss
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $2,500 commission alleged to be due in the sale of certain stock.
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Action in the district court for Stearns county to recover $2,500 commission alleged to be due in the sale of certain stock. The answer admitted that at one time defendants entered into a contract with plaintiff as broker; that pursuant to such contract plaintiff procured one Wenzler as a purchaser of the stock and that it was sold to him, and alleged that plaintiff was fully paid for his services in such transaction and that he had never otherwise been employed by them; that the stock so sold to Wenzler was delivered back to defendants and they continued to be the owners thereof until in…
1Opinion of the CourtBrown, J.
Action for commissions alleged to have been earned in procuring a purchase of certain property. The action was dismissed at the close of the trial, and plaintiff appealed from an order denying a new trial.
The facts in the case are briefly stated as follows: Defendants owned certain stock of a corporation, and gave to plaintiff the exclusive agency for the sale of the same. During the life of the agency defendants made a sale of the stock without consultation with plaintiff, and upon demand refused to pay the agent for services alleged to have been rendered in efforts to procure a purchaser.…
2Cases cited5 opinions
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Dole v. SherwoodSupreme Court of Minnesota · 1889
- Baars v. HylandSupreme Court of Minnesota · 1896
- Quist v. GoodfellowSupreme Court of Minnesota · 1906
- Mott v. FergusonSupreme Court of Minnesota · 1904
3Cited by19 opinions
- Bell v. DimmerlingOhio Supreme Court · 1948
- Bail v. GlantzCalifornia Court of Appeal · 1926
- Roth v. ThomsonCalifornia Court of Appeal · 1919
- H. I. Stahlman, Jr., General Partner, and Wife, Mrs. J. S. Stahlman, Limited Partner, D/B/A Stahlman Lumber Company, Ltd. v. National Lead CompanyCourt of Appeals for the Fifth Circuit · 1963
- Harry H. Rosin Co. v. EksterowiczSuperior Court of Delaware · 1950
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