Legal Opinion

Hubachek v. Hazzard

Supreme Court of Minnesota

Decided June 7, 1901No. Nos. 12,634 — (129)PublishedCited by 30 opinions

Action in the district court for Hennepin county to recover $225, broker’s commission, claimed to have been earned by A. W. Daniels for procuring a purchaser of defendant’s real estate. Daniels assigned his claim to plaintiff. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

1Opinion of the CourtLewis, J.

Defendants were the owners of a house and lot in Minneapolis, and placed the same in the hands of one Daniels, a real-estate man, for sale, at the price of $8,500, his commission to be $300, but the agency was not exclusive. On March 4, 1900, Daniels advertised the property for sale in the daily papers of Minneapolis at the sum of $8,250. Mr. H. C. Clark, of Minneapolis, saw this advertisement, cut it out of the paper, and pinned it to a letter, which he that day wrote to his broker, Walton, as follows:

*438“I will give $6,000 cash, and my house furnished, for 1719 Park Ave. See what you can do…

2Cases cited2 opinions

  1. Armstrong v. WannSupreme Court of Minnesota · 1882
  2. Putnam v. HowSupreme Court of Minnesota · 1888

3Cited by30 opinions

  1. Bentley v. EdwardsSupreme Court of Minnesota · 1914
  2. Fairchild v. CunninghamSupreme Court of Minnesota · 1901
  3. Shober v. BlackfordMontana Supreme Court · 1912
  4. Apple v. HenryMontana Supreme Court · 1923
  5. Paschall & Gresham v. GillissSupreme Court of Virginia · 1912

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