Yeager v. Kelsey
Supreme Court of Minnesota
Action brought in the municipal court of Duluth, to recover $300, as commission, at the agreed rate of 5 per cent., on a sale of real estate by plaintiffs as agents for defendant. The plaintiffs appeal from an order refusing a new trial after a trial by the court and judgment ordered for defendant.
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Action brought in the municipal court of Duluth, to recover $300, as commission, at the agreed rate of 5 per cent., on a sale of real estate by plaintiffs as agents for defendant. The plaintiffs appeal from an order refusing a new trial after a trial by the court and judgment ordered for defendant. The instrument relied on by plaintiffs as a contract of sale was as follows: “October 22, 1889. Received of A. C. Otis $500 as earnest-money and part-payment on block 22, lots 17 and 18 in block 20, and 10 inside lots in block 25, all in Bay View addition to Duluth No. 1, owned by Mr. Kelsey. Price…
1Opinion of the CourtDickinson, J.
It 'appears from the findings of the court, upon which alone we are called upon to review the case, that the defendant employed and authorized the plaintiffs to sell certain real estate for a specified price, and agreed to pay a stated percentage for making the sale. This action is to recover the stipulated commission. The plaintiffs negotiated with one Otis for the purchase of the property, and he paid to plaintiffs, as part of the purchase price, the sum *403of $500, whereupon the plaintiffs executed an instrument signed by them only, with the designation, “Agents,” added to their signature.…
2Cited by8 opinions
- Gunn v. Bank of CaliforniaCalifornia Supreme Court · 1893
- Western Land Ass'n v. BanksSupreme Court of Minnesota · 1900
- Johnson Bros. v. WrightSupreme Court of Iowa · 1904
- Schramsky v. HollmichelSupreme Court of Minnesota · 1951
- McPheeters v. RonningSupreme Court of Minnesota · 1905
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