47 Minn. 28 | Minn. | 1891
The answer in this action was a general denial, thu» putting in issue the allegations of the complaint as to the rendition, of services by plaintiffs, at the defendants’ request, in selling real, property belonging to appellant, for which services the defendants had promised to pay a certain sum of money. From the settled case it. appears that a portion of the testimony received upon the trial, on. all of which the court necessarily based its findings of fact, has been omitted. In the absence of any part of the evidence, the presumption is that the findings were amply sustained by the testimony offered and recéived without objection, the same being considered by all parties as strictly within the issues presented by the pleadings.. From the findings, which conclude the defendant, appellant, on the-facts, it appears that plaintiffs, as real-estate brokers, and at the defendants’ request, procured a customer for certain real property owned by appellant, at a price and on terms which were satisfactory and. accepted by her, for which services she agreed to pay as brokers’ commissions the sum of money for which judgment was ordered; that, this customer thereupon entered into a written agreement to purchase the property, paid a part of the stipulated price to plaintiffs, stood ready, willing, and able to comply with the terms of his agreement,, and, further, that the property was subsequently conveyed to him. On these findings, and the conclusion of law which naturally followed,, it is obvious that plaintiffs were entitled to judgment, unless the court, erred during the progress of the trial in some of the rulings complained of by appellant.
1. The written agreement above mentioned was properly received in ' evidence, as tending to establish the cause of action set up in the. complaint, the rendition of services in the sale of the property by the plaintiffs.
3. In order to recover, it was not necessary for plaintiffs to allege ■or prove that the property in question had been conveyed to their ■customer, having previously proved facts on which the court could properly find that their compensation had been earned. The -testimony on this point was immaterial, and consequently not prejudicial to appellant.
Judgment affirmed.