Kinzel v. Boston & Duluth Farm Land Co.
Supreme Court of Minnesota
Action in the district court fox St. Louis county to recover $5,000 for services as a real estate broker rendered defendant in making a sale of land. The answer alleged as a bar to the action a former action between the same parties upon the identical cause of action. The case was tried before Dibell, J., who granted defendant’s motion for judgment on the pleadings. From an order denying plaintiff’s motion for a new trial, Fesler, J., he appealed.
1Opinion of the CourtBrown, C. J.
Blaintiff brought this action to recover the reasonable value of services rendered by him as agent of defendant in procuring a purchaser for land owned by defendant, and which plaintiff was authorized by his employment to sell. The court ordered judgment for defendant on the pleadings and plaintiff appealed from an order denying a new trial.
The only question presented on this appeal is whether the action is barred by a judgment in a former suit between the same parties, ■ the facts in respect to which are as follows:
In the former action, concerning which there is no controversy, the complaint…
2Cases cited18 opinions
- Hermann v. AllenTexas Supreme Court · 1910
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Slater v. SkirvingNebraska Supreme Court · 1897
- Swank v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
- Wagner v. NagelSupreme Court of Minnesota · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Howe v. NelsonSupreme Court of Minnesota · 1965
- Smith v. SmithSupreme Court of Minnesota · 1952
- Melady-Briggs Cattle Corp. v. Drovers State BankSupreme Court of Minnesota · 1942
- Gustafson v. GustafsonSupreme Court of Minnesota · 1929
- McKnight v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
16 more not listed; retrieve them via the Exa API.