Legal Opinion

Gessell v. Flynn

Supreme Court of Minnesota

Decided June 8, 1923No. 23,313Published

Action in the district court for Ramsey county to recover $840 commission for the sale of land. The case was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiffs. From that part of the order denying his motion for amended findings and conclusions or for a new trial and from the order granting plaintiffs’ motion 'for an amended complaint, defendant appealed.

1Opinion of the CourtBrown, C. J.

Plaintiffs are real estate dealers doing business at Hanley, Saskatchewan, Canada. Defendant, a resident of St. Paul, this state, owned a tract of land in that neighborhood which he listed with plaintiffs for sale. On the theory and claim that they as agents for defendant procured a purchaser for the land, to whom defendant subsequently sold it, plaintiffs brought this action to recover the reasonable value of their services in the matter. They had a verdict and defendant appealed from an order denying a new trial.

The facts are not in dispute. The parties were not strangers; other business…

2Cases cited4 opinions

  1. Hubachek v. HazzardSupreme Court of Minnesota · 1901
  2. Bentley v. EdwardsSupreme Court of Minnesota · 1914
  3. Holcomb v. StaffordSupreme Court of Minnesota · 1907
  4. Homan v. BarberSupreme Court of Minnesota · 1921

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