Kief v. Himley

This is an action to recover a real .estate broker’s agreed commission of $400 less $100 paid. There ivas a verdict for the plaintiff for $300. The defendant appeals from the order denying his motion for a new trial.

In 1929 one Kolstad as agent for the defendant undertook to procure an exchange of his farm in Chippewa county for the village property of one Christensen in Yellow Medicine county. The claim of Kolstad for the agreed commission was assigned to the plaintiff.

The rule is that when a real estate broker employed on a commission basis procures a purchaser ready, willing and able to…