Public-domain · open source
OpenJurist

113 Minn. 526

Bowen v. Priebe

Supreme Court of Minnesota

Decided February 24, 1911

Supreme Court of Minnesota · decided 1911-02-24

Action in the municipal court of Minneapolis to recover $50 for services rendered in procuring a purchaser for furniture and fixtures in, and the business of, a certain rooming- house.

Affirmed · Decided 1911-02-24

Per Curiam.

¶1Action to recover $50, alleged to have been agreed upon as compensation for finding a purchaser for defendant’s rooming house, furniture, and fixtures.

¶21. The complaint states a cause of action.

¶32. The evidence supports plaintiff’s claim that defendant agreed to pay him $50 if defendant succeeded in exchanging his property for certain real estate belonging to a third party introduced by plaintiff.

¶43. The court did not err in instructing the jury that it was not uncommon to change a contract to sell property into a contract of exchange of property, with the understanding that the commission to the agent remain the same.

¶54. That there was a variance between the proofs and the -complaint was not ■raised at the trial.

¶65. No errors in the charge or rulings.

¶7Affirmed.

Simpson, J., .took no part.
/113/minn/526 · .json · Public domain