Smith v. Mellen
Supreme Court of Minnesota
Action in the district court for Ramsey county by the assignee of D. R. Elder to recover $700, commission alleged to be due for selling a certain city lot.
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Action in the district court for Ramsey county by the assignee of D. R. Elder to recover $700, commission alleged to be due for selling a certain city lot. The complaint, in addition to the allegations found in the opinion, set out that defendants did not own or control a good marketable title to the lot; that an easement for a public street had been acquired across the westerly fifty-one feet of the lot; that by reason thereof the part of the lot owned in fee simple by defendants had been reduced by a strip fifty-one- feet in width along the westerly side of the lot; that defendants had…
1Opinion of the CourtLewis, J.
The trial court ordered judgment for defendants on the pleadings and the ruling is to be tested by the sufficiency of the complaint.
When an owner engages an agent' or broker to sell real estate upon stipulated terms and commission, the broker performs his part of the contract upon procuring a purchaser who is ready, willing and able to make the purchase and when the owner is duly notified. And the owner becomes liable to the broker for the consequent damages, upon his refusal to comply with the agreement within a reasonable time after the notice. The broker may receive his compensation from…
2Cases cited3 opinions
- Brackenridge v. Claridge & PayneTexas Supreme Court · 1898
- McDonald v. SmithSupreme Court of Minnesota · 1906
- Bruns v. SchreiberSupreme Court of Minnesota · 1892
3Cited by5 opinions
- Kaercher v. ScheeSupreme Court of Minnesota · 1933
- Sandum v. JohnsonSupreme Court of Minnesota · 1913
- Martinson v. HenslerSupreme Court of Minnesota · 1916
- Moody v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1923
- Kaercher v. ScheeSupreme Court of Minnesota · 1933