Paulson v. Reeds

(specially concurring). This is the fourth appeal in an action by plaintiff to recover commissions claimed to have been earned in consummating a sale of 800 acres of land. See Paulson v. Reeds, 24 N. D. 211, 139 N. W. 1135, 33 N. D. 141, 156 N. W. 1031, and 39 N. D. 329, 167 N. W. 371.

The case has been four times before the trial court, and, with the exception of the first trial, where plaintiff recovered a $700 judgment, in each of the trials he has recovered the full amount of commissions claimed, to wit, $1,200. When the case was last before this court, prior to this appeal, in 39 N. D.…