Bowen v. Priebe

Minnesota Supreme Court
Bowen v. Priebe, 113 Minn. 526 (Minn. 1911)
129 N.W. 1055; 1911 Minn. LEXIS 803
Simpson, Took

Bowen v. Priebe

Opinion of the Court

Per Curiam.

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

1. The complaint states a cause of action.

2. 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.

3. 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.

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

5. No errors in the charge or rulings.

Affirmed.

Simpson, J., .took no part.

Reference

Full Case Name
F. C. BOWEN v. E. R. PRIEBE
Status
Published