Wass v. Atwater
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover commission alleged to have been earned by him as defendant’s agent in the sale of certain land.
Read the full summary
Plaintiff brought this action in the district court for Hennepin county, to recover commission alleged to have been earned by him as defendant’s agent in the sale of certain land. The complaint alleges that defendant instructed and requested plaintiff to sell the land for $1,200 per acre, and promised to pay as commission any sum over $1,200 per acre for which plaintiff should sell the land, and that plaintiff sold the land, of which there was about 26 acres, for $1,300 per acre. The action was tried before Koon, J., and a jury, and plaintiff had a verdict for $2,690.73. The defendant appeals…
1Opinion of the CourtDickinson, J.
The plaintiff claims to have been constituted an agent of the defendant to effect a sale of certain lands of the latter, the compensation for which service was fixed by the agreement of the parties. This action is for the recovery of that compensation. There is a conflict in the evidence, but the verdict must be regarded as determining in favor of the plaintiff the issues as to the alleged agency, the agreement as to compensation, and the sale of the land through plaintiff’s agency. The principal question presented on this appeal is whether the agreement with respect to compensation was…
2Cases cited1 opinion
- Woods v. WoodsSupreme Court of Minnesota · 1870
3Cited by4 opinions
- Mason v. SieglitzSupreme Court of Colorado · 1896
- Leonard v. DoughertyMissouri Court of Appeals · 1927
- Paulsrud v. TylerSupreme Court of Minnesota · 1964
- Robinson v. LoganSupreme Court of Oklahoma · 1923