89 Minn. 490 | Minn. | 1903
Plaintiffs, a firm of real-estate brokers in Minneapolis, seek to recover commissions from defendant for securing a purchaser of valuable property listed with them for sale. The action was tried to a jury. There was a verdict for plaintiffs for the amount claimed. This appeal is from an order denying a new trial.
Plaintiffs’ services were rendered under a written contract, wherein it was agreed that they were to find a purchaser for the property, and were to have the exclusive agency until January 13, 1902 (six months from date), and were to sell the property for $8,000, one-half cash, with the balance in three annual payments, with interest at six per cent., or $7,200 if the sale were made for cash, at a commission of five per cent, of the purchase price.
The evidence tended to show that the real estate brokers immediately after the contract was made listed the property, advertised it for sale, and, as result of these efforts, interested one Sehomberg (a citizen of North Dakota) as a prospective purchaser.
The jury were instructed that the plaintiffs must have been the procuring cause of the sale, which must have been the result of means and efforts employed by them, which undoubtedly states the law applicable to the issue presented at the trial. Armstrong v. Wann, 29 Minn. 126, 12 N. W. 345; Putnam v. How, 39 Minn. 363,
The court further left it to the jury to determine whether the relationship between the brokers and the purchaser was actually terminated, and the sale which occurred after the expiration of the contract was made wholly between the parties, without reference to the efforts of the plaintiffs as a procuring cause; and it was, upon the whole evidence, a question of fact whether the sale was brought about independently of the inducements and assistance of the plaintiffs, for in this respect this case is clearly distinguishable from Fairchild v. Cunningham, 84 Minn. 521, 88 N. W. 15.
Upon a careful examination of the record, we have reached the-conclusion that the evidence tends to show that the commissions were
Order denying new trial is affirmed.