McAllister v. Welker
Supreme Court of Minnesota
Plaintiff brought this action in the municipal court of Minneapolis to recover commissions as defendant’s agent in the sale of certain real estate.
Read the full summary
Plaintiff brought this action in the municipal court of Minneapolis to recover commissions as defendant’s agent in the sale of certain real estate. The complaint alleges “that on the 17th day of February, 1887, defendant gave him (plaintiff) the exclusive sale of his (defendant’s) farm, situated on sections 32 and 33, in town 119, range 21, Brooklyn township, said county, and agreed to give plaintiff five per cent, upon the first thousand dollars, and two and one-half per cent, on the balance of the purchase-money; that on the 7th day of March, 1887, plaintiff sold said farm for defendant for…
1Opinion of the CourtDickinson, J.
The defendant did not call in question the sufficiency of the complaint until the commencement of the trial, after he had answered. He then moved for judgment upon the pleadings. Under such circumstances, the complaint should be sustained, if, upon a liberal construction, a cause of action is disclosed. Kelly v. Rogers, 21 Minn. 146; Dunham v. Byrnes, 36 Minn. 106, (30 N. W. Rep. 402;) Malone v. Minnesota Stone Co., 36 Minn. 325, (31 N. W. Rep. 170.) Under this rule, the complaint may be construed as showing that the sale for $10,950 was in accordance with the terms prescribed by the…
2Cases cited4 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Kelly v. RogersSupreme Court of Minnesota · 1874
- Dunham v.ByrnesSupreme Court of Minnesota · 1886
- Malone v. Minnesota Stone Co.Supreme Court of Minnesota · 1887
3Cited by5 opinions
- Cobb v. Wm. Kenefick Co.Supreme Court of Oklahoma · 1909
- Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
- Dechter v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1915
- Tulloch v. RogersSupreme Court of Minnesota · 1892
- Roebuck v. WickSupreme Court of Minnesota · 1906