Goldman v. Weisman
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $8,000 as commissions earned under a certain contract. The case was tried before Steele, J., who granted defendants’ motion to strike out all the testimony offered by plaintiff under his second cause of action to recover for commissions or for services alleged to have been performed in the sale of real estate, except so much of that testimony as related to an alleged sale of 20 acres, and a jury which returned a…
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Action in the district court for Hennepin county to recover $8,000 as commissions earned under a certain contract. The case was tried before Steele, J., who granted defendants’ motion to strike out all the testimony offered by plaintiff under his second cause of action to recover for commissions or for services alleged to have been performed in the sale of real estate, except so much of that testimony as related to an alleged sale of 20 acres, and a jury which returned a verdict of $100 in favor of plaintiff. From an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtPhilip E. Brown, J.
The complaint contains two causes of action. We are concerned only with the second. It alleges an agreement between the parties whereby plaintiff undertook to sell lands for defendants, for a stipulated commission; performance, and failure of defendants to pay; *372also repudiation by them after plaintiff’s performance, and resulting damages. Defendants denied all claims except tbe making of tbe contract. At tbe beginning of the trial plaintiff, under direction of tbe court, elected to stand upon bis claim of damages. When be rested in chief, tbe court struck out practically all tbe evidence…
2Cases cited10 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- McDonald v. SmithSupreme Court of Minnesota · 1906
- Baars v. HylandSupreme Court of Minnesota · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. Minnesota Baptist Convention of MinneapolisWyoming Supreme Court · 1932
- Kaercher v. ScheeSupreme Court of Minnesota · 1933
- Ag-Chem Equipment Co., Inc. v. Hahn, Inc.District Court, D. Minnesota · 1972
- Carney v. John Hancock Oil Co.Supreme Court of Minnesota · 1932
- Texas Company v. TaylorSupreme Court of Oklahoma · 1936
2 more not listed; retrieve them via the Exa API.