45 Minn. 192 | Minn. | 1891
This was an action to recover the amount of certain commissions upon the sale of real estate, and plaintiffs had a verdict. In the complaint three distinct causes of action were set.forth. As to the first, the plaintiffs claimed that they were to have as commissions such sum as they might be able to sell the premises for, over and above a sum fixed by the defendant as net to him. In answer to this, the defendant admitted the employment of the plaintiffs, and that they sold the lots, but he alleged that the commission agreed upon for plaintiffs’ services was the sum of $100, no part of which was to be paid until the property was transferred to the purchaser by deed, and that this had not been done when the action was commenced, on account of an alleged flaw in the title, to remove which defendant had been compelled to bring an action. The court
The second cause of action was stated as regular commission in the sum of $415, due to plaintiffs on account-of a sale of other real property belonging to defendant, which sale, was not eonsum
The third cause of action was based on a sale by plaintiffs of another tract of defendant’s real estate to one Langevin, for the sum of $12,500. The sale and the services were admitted by the defendant, the sole dispute being over the amount due plaintiffs for their services. They claimed that they were to have a regular commission upon $12,000, and in addition thereto such sum as they might be able to realize over and above the sum last mentioned, while the defendant contended that the compensation was to be the regular commission upon the sum of $12,500, and no more. Here, also, was a question of fact exclusively within the province of a jury to determine. While it is not capable of being exactly demonstrated, it would seem, from the amount of the verdict, that on this question, the jury found for defendant. At any rate, we cannot interfere with their determination on the facts.
It ought not to be necessary for us to state the elementary proposition that an offer to compromise a disputed account cannot be given in evidence on the trial of an action between the parties. The letter written by plaintiffs’ counsel before bringing this action, addressed
Order affirmed.