137 Minn. 382 | Minn. | 1917
Plaintiff, a real estate agent, was employed by defendant to find a purchaser for defendant’s land. . Plaintiff opened negotiations with
The agreement as to the commission was made at the time defendant signed the final written contract, which had previously been signed by Beecher. Defendant testified that he was to pay the conimission, “provided this deal goes through.” Plaintiff’s testimony on this point is as follows: “Q. You say on the 33d of October you had a conversation with Dr. Dysinger with regard to the commission. Have you stated the whole of the conversation to the best of your recollection? A. All there was to it. He asked me what commission- I would charge him and we finally agreed on $350, which I would accept. Q. If the deal went through? A. Yes. -Q. That was the condition, of the deal finally going through and finally .accepted? A. Any commission is; yes, I suppose it was.”
It is clear from this testimony that both plaintiff and defendant understood and agreed that the commission should be payable only in case the exchange was actually consummated; and, as it is conceded that no exchange was ever consummated, plaintiff is not entitled to recover. If the contract were enforceable and plaintiff had shown
As plaintiff’s claim to the commission rests wholly upon the fact that he procured the execution of the contract, and it appears that the contract was not performed and is unenforceable, he is not entitled to recover. The order appealed from is reversed for both reasons above mentioned.