Legal Opinion

Albers v. Fitschen

Supreme Court of Minnesota

Decided July 1, 1966No. 39998PublishedCited by 18 opinions

1Opinion of the Court

Murphy, Justice.

This is an appeal by the defendant, Louis Fitschen, from a judgment in the district court for the plaintiff, Henry Albers, enforcing payment of a commission allegedly due under an agreement to sell real estate.

It appears from the record that plaintiff’s efforts were the producing cause of the sale of a farm owned by defendant, and that the defendant has failed to pay a broker’s commission pursuant to an agreement. The plaintiff failed to allege, as required by Minn. St. 82.16, subd. 2, 1 that he was a licensed real estate broker. No objection was made to the defect in the…

2Cases cited5 opinions

  1. McShane v. QuillinIdaho Supreme Court · 1929
  2. Schmitt v. HagerSupreme Court of Minnesota · 1903
  3. Lobstein v. WatsonCourt of Appeals of Texas · 1945
  4. Hardwick v. IcklerSupreme Court of Minnesota · 1897
  5. Board of County Commissioners v. MillerSupreme Court of Minnesota · 1907

3Cited by18 opinions

  1. Sanchez v. StateSupreme Court of Minnesota · 2012
  2. Carlton v. StateSupreme Court of Minnesota · 2012
  3. Biesterfeld v. Asbestos Corp. of AmericaNorth Dakota Supreme Court · 1991
  4. Nodland v. ChirpichSupreme Court of Minnesota · 1976
  5. Christenson v. Argonaut Insurance CompaniesCourt of Appeals of Minnesota · 1986

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