218 N.W. 462 | Minn. | 1928
There was a jury trial and the court submitted all issues to the jury in a fair charge, to which no exceptions or objections are made. The jury found against defendant and returned a verdict for plaintiffs for $475 and interest. The case comes here on appeal from the order of the district court affirming the order of the municipal court denying defendant's motion for judgment or a new trial.
1. Defendant contends that the verdict is not sustained by the evidence. A careful examination of the record leads to the conclusion that there is evidence sufficient to sustain the verdict under the rule governing this court in reviewing evidence upon issues of fact.
When the broker is the procuring cause of a sale, by finding a purchaser and bringing the parties together and they conclude a contract of sale, the broker is not deprived of his commission by the fact that the principal obtains and accepts a lesser price for the property than the price given to the broker, provided the commission is not made conditional on the obtaining of a sale by the broker at the greater price given to him.
If the agency of the broker was lawfully terminated, or if he abandoned or ended his negotiations with the purchaser before the sale, then he would not be the procuring cause thereof. Hubachek v. Hazzard,
The evidence is sufficient to sustain a recovery under these rules, and the decisions of this court cited by defendant's counsel do not *130 appear to depart from such rules and are earlier cases than the Hubachek case.
2. Defendant assigns error upon the reception in evidence of a duplicate or office copy of the earnest money contract form prepared by plaintiffs in their office in the presence of Johnson but which he had failed to sign. This document was not brought to the attention of defendant until the trial and had no force or validity without Johnson's signature. The court admitted it for the limited purpose of showing some of the work done by plaintiffs in the matter and with the understanding that the defendant had not before seen it and that Johnson had never signed it. The drawing of the instrument in the presence of Johnson, and the fact that it embodied the terms offered by him, had already been testified to orally without objection. The document might well have been excluded. But under the evidence already received and as limited by the court, prejudicial error, if error there was, is not shown. Courts have held that, for the purpose of showing the negotiations and efforts made by the broker to procure a purchaser, advertisements, letters and memoranda made by the broker may be admitted. Decker v. Widdicomb,
3. The damages awarded were the proportionate amount that would be earned on a sale at $9,500 at the same rate as $500 on a sale at $10,000, and on further evidence as to the usual rate of commission being five per cent on sales up to $10,000. No error appears as to the amount allowed.
Order affirmed. *131