MacFee v. Horan
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Hennepin county, to recover commissions claimed to have been earned by the sale of certain real estate for the defendant.
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Plaintiffs brought this action in the district court for Hennepin county, to recover commissions claimed to have been earned by the sale of certain real estate for the defendant. The answer admitted( the employment of plaintiffs by defendant, and the sale of the real estate, but alleged that it was agreed between plaintiffs and defendant that the plaintiffs’ commission should only be paid out of certain proceeds of the sale, and that the purchaser had refused to complete the sale, and such proceeds had never been received by defendant. No other defence w^s pleaded, excepting a general denial.…
1Opinion of the CourtGilfillan, C. J.
It was error in the court below to admit, against plaintiffs’ objection, evidence tending to prove that, while plaintiffs were the agents for the defendant to sell the land, and were making the sale of it to Peck, one of them — MacFee—was agent also for his (MacFee’s) brother, and was acting for him in forming a “pool,” of which the brother was to be a member, for the purpose of taking from Peck, at a small advance on the price to be paid by him, a transfer of the land. Without considering whether the facts of which evidence was thus admitted would bring the case within the rule that denies…
2Cases cited1 opinion
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
3Cited by4 opinions
- Northwest Land & Colonization Co. v. AddingtonWashington Supreme Court · 1917
- Trainor v. SchutzSupreme Court of Minnesota · 1906
- Marshall-Wells Hardware Co. v. EmdeSupreme Court of Minnesota · 1913
- Fugman v. TrostlerCuyahoga Circuit Court · 1903