Minnesota Supreme Court, 1931

Delong v. W. G. Schanke Company, Inc.

Delong v. W. G. Schanke Company, Inc.
Minnesota Supreme Court · Decided February 27, 1931 · PER CURIAM.
235 N.W. 17; 182 Minn. 621; 1931 Minn. LEXIS 1232 (North Western Reporter)

Delong v. W. G. Schanke Company, Inc.

Opinion of the Court

PER CURIAM.

On a trial in the municipal court of Minneapolis without a jury the plaintiff prevailed on a cause of action arising out of a transaction wherein she claims that she engaged the defendant to purchase for her 20 shares of Cities Service stock, paying down the sum of $500 on the purchase. It was the contention of the defendant that the transaction was one between principals and that the $500 was a down payment on an uncompleted purchase. Plaintiff contends that she was engaging defendant as a broker to purchase the stock in open market.

The trial court found in accordance with plaintiff’s theory that' the plaintiff paid $500 over to the defendant to be used in the purchase but that the defendant never bought the stock for the plaintiff. Defendant retained the $500.

In our opinion the findings of the trial court are sustained by the evidence, and the plaintiff is entitled to recover the $500.

The order appealed from is affirmed.

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