Hubley v. Cram

I respectfully dissent. I agree with the majority that St. Cloud Aviation, Inc. v. Hubbell, 356 N.W.2d 749 (Minn.Ct.App.1984) is determinative here. I concur with application of the rule that agents are not liable for the excess of advances beyond commissions in the absence of an agreement to the contrary and the rationale behind the rule detailed in the majority opinion. Where the majority and I diverge is on the question of the existence of an agreement to repay these advances in this case. I believe the language of the agency contract signed by the parties constitutes such an agreement.

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