Doty v. Struble
Supreme Court of Minnesota
Action in the district court for Anoka county to recover a balance of $1,050, part of plaintiffs commission for selling defendant’s farm. The substance of the answer will be found in the second paragraph of the opinion. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
1. The complaint alleges, in substance, that defendant employed plaintiff to procure a purchaser for a farm of 100 acres and agreed to pay plaintiff one-half of all received “either in cash or in trade” over $100 an acre, that plaintiff procured one Harvey Wayne to purchase said land for “$125 per acre in trade,” and demands judgment for $1,250 less $200 paid.
The answer admits an agreement to pay half the net proceeds over $100 an acre for a cash sale but denies any agreement relative to compensation in case of trade, denies that plaintiff negotiated a sale and alleges that plaintiff…
2Cases cited3 opinions
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
- Hewitt v. BrownSupreme Court of Minnesota · 1874
- British-American Land & Investment Co. v. Western Land & Securities Co.Supreme Court of Minnesota · 1906
3Cited by2 opinions
- Brandley v. LewisUtah Supreme Court · 1939
- Moser v. LundahlUtah Supreme Court · 1939