Fairchild v. Rogers
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, to recover $4,000 damages for an alleged breach of contract.
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Plaintiff brought this action in the district court for Ramsey county, to recover $4,000 damages for an alleged breach of contract. The contract alleged in the complaint was that tbe defendant, in consideration of $250 paid to him by the plaintiff, agreed that plaintiff should have the exclusive right, for sixty days, to sell certain real estate in the city of St. Paul, belonging to the defendant, the plaintiff to retain all that he should obtain therefor in excess of $36,000. The alleged breach was a sale by defendant himself, during the sixty days, for $40,000, and his refusal to pay the…
1Opinion of the CourtDickinson, J.
1. We will first consider whether a recovery of substantial damages by the plaintiff could have been sustained. Both by the complaint and the evidence such recovery was confined to a loss of anticipated profit which the plaintiff might have realized from a sale of the property by him as defendant’s agent. It is contended that such contemplated profit is not recoverable. The recovery sought can only be opposed upon the ground that the fact of a loss of profit, and the amount of it, were not proved; that it did not appear that the plaintiff would have sold the land if his authority had not been…
2Cases cited10 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- United States v. SpeedSupreme Court of the United States · 1869
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Chapman v. KirbyIllinois Supreme Court · 1868
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3Cited by15 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Dole v. SherwoodSupreme Court of Minnesota · 1889
- Roberts v. HarringtonWisconsin Supreme Court · 1918
- Mingo v. ExtrandSupreme Court of Minnesota · 1930
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