Dole v. Sherwood
Supreme Court of Minnesota
Plaintiff’s intestate, Alexander M. Dole, brought this action in the district court for Hennepin county, to recover $500 received for him by defendant as his agent. The defendant answered, admitting the averments of the complaint, and alleging as a counterclaim the matters stated in the opinion. The place of trial was changed to.St.
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Plaintiff’s intestate, Alexander M. Dole, brought this action in the district court for Hennepin county, to recover $500 received for him by defendant as his agent. The defendant answered, admitting the averments of the complaint, and alleging as a counterclaim the matters stated in the opinion. The place of trial was changed to.St. Louis county, where the action was tried by Stearns, J., and judgment was ordered and entered for defendant for costs and disbursements, and the plaintiff appealed.
1Opinion of the CourtMitchell, J.
The only question presented by this appeal is whether the findings of fact support the conclusions of law. The facts are that, on March 14, 1887, plaintiff gave to defendant “the exclusive agency, for thirty days from and after that date, for the sale” of certain real estate on specified terms, and agreed to pay defendant, in case he made a sale, a commission of $640; that defendant accepted the agency, and commenced the expenditure of time and labor in efforts to find a purchaser; that on March 16th plaintiff informed defendant that he himself had sold the land, and requested him to take it…
2Cases cited4 opinions
- Armstrong v. WannSupreme Court of Minnesota · 1882
- Golden Gate Packing Co. v. Farmers' UnionCalifornia Supreme Court · 1880
- Putnam v. HowSupreme Court of Minnesota · 1888
- Fairchild v. RogersSupreme Court of Minnesota · 1884
3Cited by32 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Houston v. WilliamsCalifornia Court of Appeal · 1921
- Ingold v. SymondsSupreme Court of Iowa · 1904
- Snook v. PageCalifornia Court of Appeal · 1915
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
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