Overstreet v. Rother

Action to recover an agreed commission for procuring a purchaser for defendant’s bank stock. The court excluded certain evi: dence offered by the defendant as a defense and in support of his *378counterclaim, and directed a verdict for the plaintiff. The defendant appeals from the order denying his motion for a new trial.

In Francis v. Baker, 45 Minn. 83, 47 N. W. 452, Justice Mitchell said:

“Where a person agrees with a real estate broker to pay him a commission if he procures a purchaser for his property on specified terms, the broker, in order to entitle him to his commission, is bound to…