130 Minn. 131 | Minn. | 1915
There is no question of law in tbis case. the only question is as to the sufficiency of the facts to sustain the verdict. Plaintiff brings tbis action to recover a commission alleged to be due bim on a sale of land. Defendant owned a balf section of land in Renville county. In November, 1913, be listed the land for sale with Skalbeck & Odegaard of Sacred Heart, giving them an exclusive contract for 30 days at $95 an acre net to defendant, the agents to' have all they could get over that amount. Skalbeck & Odegaard enlisted the services of plaintiff, but none of them made a sale witbin the 30 days. About the time the 30 days expired, plaintiff and defendant
The evidence is undisputed that plaintiff was the procuring cause of the contract with Beacom, and the evidence is sufficient to sustain a finding that this contract was a contract of sale, conditional at first, but later by the words and conduct of Beacom maturing into an absolute contract of sale. If there were no special agreement as to compensation and this were an action by plaintiff to recover on a .quantum meruit the case would give little trouble. But both plaintiff and defendant claim an express agreement was made.
Defendant’s claim is that, when plaintiff brought his customer
Order affirmed.