Legal Opinion

Drew v. Carroll

Supreme Court of Minnesota

Decided February 14, 1913No. Nos. 17,896—(179)PublishedCited by 5 opinions

Action in the district court for Anoka county to recover $2,840 commission for making a sale of land belonging to defendant. The answer denied the allegations of the complaint. The case was tried before Giddings, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he. appealed.

1Opinion of the CourtPhilip E. Brown, J.

At the time of the alleged occurrences involved in this action the parties thereto resided in North Dakota, on farms some three miles apart, and had known each other for some time. The court submitted to the jury the issues, made both by the pleadings and the evidence, whether, while the defendant and his wife were visiting the plaintiff, the parties entered into an oral contract to the effect that if the plaintiff would find a purchaser for the defendant’s farm, or one who would make a deal with him therefor, he would pay the plaintiff a commission of one dollar an acre, and, if so, did the…

2Cases cited4 opinions

  1. Charles v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  2. Carson v. HawleySupreme Court of Minnesota · 1901
  3. Murphy v. BackerSupreme Court of Minnesota · 1897
  4. Wehring v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1909

3Cited by5 opinions

  1. Meemken v. O'HARASupreme Court of Minnesota · 1954
  2. Harden Ex Rel. Harden v. Seventh Rib, Inc.Supreme Court of Minnesota · 1976
  3. State v. PavlovichSupreme Court of Minnesota · 1955
  4. Nelson v. Austin Transit, Inc.Supreme Court of Minnesota · 1965
  5. State v. PearsonSupreme Court of Minnesota · 1922

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