Smith v. Vosika

The plaintiff was granted a rehearing upon the question of the measure of damages discussed in paragraph 3 of the opinion; and it was had on briefs and oral arguments.

The plaintiff relies on Hokanson v. Western Empire Land Co.132 Minn. 74, 155 N.W. 1043, as determining that the amount to be paid by the purchaser, whom the defendant agreed to procure, fixed the measure of damages, and this regardless of the value of the property. In the Hokanson case the vendor, the defendant, made an executory contract to sell ten acres of land to the vendee, the plaintiff, for $5,000, and agreed on certain…