140 N.W. 251 | S.D. | 1913
The plaintiff pleaded two causes of action— the first -to recover $900 alleged to be due as commissions for prc curing a party who was ready, able, and willing to trade for cen tain of defendants lands in accordance with the terms of an agency contract between plaintiff and defendant; the -second, to recover $2,500 alleged to have been paid by plaintiff, at the instance and request off defendant, to the persons whom plaintiff had procured as exchangers for -said land. Upon the first trial Of this cause in the circuit court verdict was directed in favor of the defendant, on both causes of action. Plaintiff appealed to this court, -and the judgment of the trial court was affirmed. See Minder & Jorgenson Land Co. v. Brustuen, 24 S. D. 537, 124 N. W. 723. But upon rehearing this court, in Minder & Jorgenson Land Co. v. Brustuen, 26 S. D. 38, 127 N. W. 546, reversed its former holding, and granted a new trial as to both causes of action. The facts pertaining to this case, as they appeared upon such former trial and as-
The judgment and order appealed from are affirmed.