This is an action- for the recovery of damages for the breach of a contract of agency. Plaintiff employed the defendant to appear for him at the United States land office at Devils Lake and purchase for him a fractional tract - of land advertised to be there sold to -the highest bidder, under a provision of the United States statutes. The complaint alleges that plaintiff and defendant entered into a contract under which defendant was to appear at said office, bid in- and purchase -the described tract, pay for it with- defendant’s money, and- that plaintiff was to repay defendant for the money paid for the land as soon as he should ascertain the sum .that defendant had paid for said land, and plaintiff was also to pay defendant the sum of $75 as his compensation
The question which the defendant principally relies on, and devotes nearly the whole of his written argument to, is that the contract was not in writing, and therefore invalid. The gist of the contract relied on and pleaded is that defendant and plaintiff contracted that defendant was personally to appear at the land office or procure another to' there appear for him and purchase the land for the plaintiff, and in plaintiff’s name to receive the receiver’s receipt from the local land office. Defendant agreed to pay the price at which the land was bought from the United States. Plaintiff agreed to repay said purchase price to the defendant immediately, and as soon as he ascertained the amount of the same, and further agreed to pay to the defendant the sum of $75 for his compensa
Respondent also insists that defendant did not become a trustee of this land for the plaintiff. We do' not think that the question is involved. The plaintiff does not seek to- follow the land in an
The judgment is reversed, and the cause remanded for further proceedings.