144 Minn. 125 | Minn. | 1919
This action was brought to recover a broker’s commission in negotiating an exchange of real estate. Defendant owned'some flat 'buildings in Minneapolis. Louis Mortenson owned a 960 acre farm in North Da
The testimony on this subject was as follows: Mortenson refused to deal, unless a certain amount of cash could be raised by a second mortgage on the flat buildings, and plaintiff thereupon entered into negotiations for- securing a second mortgage loan, and later did procure such a loan for an amount satisfactory to Mortenson. As to plaintiff’s negotiation for an interest in the property, Mortenson testified that “there was an understanding * * * that he was to trade those flats off again and turn them into flats (cash) as fast as he could and if he couldn’t make a deal satisfactory that he might take them off my hands.” Plaintiff testified that before the deal was closed he made Mortenson a proposition as to what he would give for the flat buildings in cash and exchange, but that this was not agreed on until after the deal was closed, that, about 20 days after the deal between defendant and Mortenson was closed, plaintiff did acquire the flat buildings.
If the extent of the broker’s agency is to bring the contracting parties together, and if after doing so he stands indifferent between them and permits them to malee their own bargain, he is termed a middleman. Geddes v. Van Rhee, 126 Minn. 517, 520, 148 N. W. 549; American
We are now confronted with this situation. Defendant’s answer did not plead bad faith on the part of plaintiff as a defense. It simply denied that plaintiff rendered services for defendant, or was employed by him, or that he agreed to pay plaintiff, and alleged that plaintiff was the agent of Mortenson alone.' The testimony above mentioned was elicited on cross-examination of plaintiff and of his witness Mortenson and was pertinent to the issue pleaded in the answer. Defendant asked for no amendment to his answer to interpose this defense. The court did not submit any such defense or issue to the jury and was not asked to do so. The issue was not litigated. Hnder these circumstances we should not now set aside the verdict on this ground, unless it is clear, on undisputed testimony as a matter of law that plaintiff was guilty of bad faith. On cross-examination plaintiff was asked if he told defendant of his nego
Order affirmed.