Dougan v. James Turner
Supreme Court of Minnesota
Appeal by defendant, James Turner, from an order of the District Court of St. Louis County, Ensign, J., made March 26, 1392, refusing his application for a new trial. Action brought by plaintiff, James Dougan, to recover $1,042 balance of fifteen per cent, commissions on the price of tombstones sold, by him as agent of defendant. The issues were referred to H. F..
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Appeal by defendant, James Turner, from an order of the District Court of St. Louis County, Ensign, J., made March 26, 1392, refusing his application for a new trial. Action brought by plaintiff, James Dougan, to recover $1,042 balance of fifteen per cent, commissions on the price of tombstones sold, by him as agent of defendant. The issues were referred to H. F.. Green, Esq., for trial.- After the evidence had been given, the.referee allowed the plaintiff to amend his complaint so as to demand fifteen per cent, on the price of tombstones for which he obtained orders. Defendant objected, and…
1Opinion of the CourtDickinson, J.
The original complaint placed the plaintiff’s cause’ of action on services rendered for the defendant in selling tombstones, for which services, as alleged, the defendant promised to pay plaintiff “fifteen per cent, on the purchase price on all goods so sold by him.” This may be said to have been admitted by the answer,, but issue was joined by the answer (among other things) as to the-amount of completed sales made by the plaintiff. The case was tried by a referee. The bill of exceptions now before us states that the evidence introduced by the plaintiff tended to show that the allegations of…
2Cases cited1 opinion
- Bruns v. SchreiberSupreme Court of Minnesota · 1892
3Cited by2 opinions
- Burt v. Florida Southern Railway Co.Supreme Court of Florida · 1901
- Troutman v. GatesSupreme Court of Minnesota · 1920