Lynn v. Northern Federal Savings & Loan Ass'n

Thomas Gallagher, Justice.

Action to recover $4,042.69 claimed to be due plaintiffs from defendant under an agreement arising out of the sale of plaintiffs’ homestead in St. Paul. Defendant asserts that prior to the commencement of the action it had paid the amount to plaintiffs’ authorized agent, one K. L. Bordner, thereby discharging defendant’s obligation therein. Plaintiffs admit that K. L. Bordner received the money from defendant and retained it, but deny that he was their agent for the acceptance thereof.

At the close of the evidence, the jury was instructed to determine whether…