145 Minn. 426 | Minn. | 1920
Defendants were the owners of certain real property situated in Martin county, which they had placed on the market for sale. On or about June 1, 1919, they entered into a contract with plaintiffs, who were real estate brokers engaged in business at Fairmont, said county, under which they agreed to pay plaintiffs a commission of $500 for their services in finding and producing a purchaser ready, able and willing to buy the land at $300 per acre, such purchaser to be produced before defendants had otherwise disposed of the land. Some two weeks after the date of that contract, defendants entered into a similar contract with one Sandin, also a real estate broker, under and by which they agreed to pay Sandin a commission of $500 upon the production by him of a purchaser ready, able and willing to buy the land at $310 per acre. Within the time stipulated in plaintiffs’ contract they presented to defendants a purchaser, ready, able and willing to buy the land at $300 per acre; at about the same time Sandin presented to defendants a purchaser ready, able and willing to buy' the land at $210 per acre. Plaintiffs made claim to the agreed compensation, on the theory that they had earned the same when they presented a purchaser for the land, ready to make the purchase on the terms stated in plaintiffs’ contract. Sandin also made claim to the compensation agreed to be paid to him. Defendants say they are in doubt as to which is entitled to the commission. Defendants were thus confronted with a possible double .liability which they sought to avoid. To that end and on the theory that they were liable for one commission only, which either plaintiffs or Sandin might claim, immediately on the commencement of the action they moved the court below, under section 7764, G. S. 1913, for an order of interpleader, requiring Sandin to appear in the action, in the place and stead of defendants, and contest with plaintiffs the rights to the single commission for which defendants conceded liability. The court granted the motion and plaintiffs appealed.
Order reversed.