Wasser v. Western Land Securities Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiffs as partners as Farmers, Merchants, Mechanics Realty Co. to recover from defendant $5,000, the agreed commission for procuring a purchaser of real estate. ■ The case was tried before Brooks, J., who found in favor of plaintiffs for the sum demanded. From an order denying a motion to withdraw the answer on file and to substitute therefor an amended answer, and denying a motion for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
The history of this case determines its issues. It was tried on one theory by one counsel for the defendant and appellant. After findings of fact and conclusions of law in favor of plaintiffs and respondents had been filed, new counsel for the defendant sought to amend the pleadings. This the trial court refused to allow. Counsel for the plaintiffs aptly remarks: “As was said by this court in one case, a change of attorneys, like a change of physicians, generally suggests a change of treatment.” The complaint set forth that the plaintiffs were real estate agents, employed by defendant to…
2Cases cited16 opinions
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Barron v. MullinSupreme Court of Minnesota · 1875
- Manders v. CraftColorado Court of Appeals · 1893
- Montross v. EddyMichigan Supreme Court · 1892
- Orton v. ScofieldWisconsin Supreme Court · 1884
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3Cited by13 opinions
- Empire Gas & Fuel Co. v. PendarCourt of Appeals of Texas · 1922
- Allied Building Credits, Inc. v. Grogan Builders Supply Co.Court of Appeals of Texas · 1963
- James E. Carlson, Inc. v. BablerSupreme Court of Minnesota · 1919
- Garsson v. American Diesel Engine Corp.Massachusetts Supreme Judicial Court · 1942
- Veatch v. HowardSupreme Court of Colorado · 1968
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