Olsen v. Jodon

• Decision Date: 05 June 1888
• Citation: 38 N.W. 485,38 Minn. 466
• Parties: I. A. Olsen and another v. George Jodon and another
• Court: Minnesota Supreme Court

38 N.W. 485

38 Minn. 466

I. A. Olsen and another v. George Jodon and another

Supreme Court of Minnesota

June 5, 1888

Plaintiffs brought this action in the district court for Hennepin county to recover a commission, as brokers, on a sale of certain described real estate. The complaint alleges in substance, that on May 13, 1887, one Oswald, the owner of the property, employed defendants to sell it for him at $ 4,000 per acre, (being about 116 acres,) the defendants to have for their services all sums over that price which they might be able to obtain for the property; that soon afterwards the defendants employed plaintiffs to procure a purchaser for the property at $ 4,200 per acre, payable not less than $ 100,000 on or before August 10, 1887, and the balance to be secured by mortgage; that plaintiffs accepted the employment, and, by diligent efforts, procured and induced Anderson & Douglas to become purchasers on the terms named by defendants, and so informed the defendants; that thereupon, on June 29, 1887, the defendants, by agreement in writing, annexed to the complaint as Exhibit A "promised and agreed to pay plaintiffs, as commission for selling said premises to Anderson, Douglas & Co., the sum of $ 5,000." The complaint further alleges that, as the result of plaintiffs' efforts, the sale was consummated and a contract made between the purchasers and the owner, by which the former were to pay $ 4,200 per acre, as follows: $ 1,000 cash on delivery of the contract; $ 4,000 cash on or before July 20th; $ 95,000 cash on or before September 1st, (when the purchasers would be entitled to a deed,) and the balance of the purchase-money to be paid in three or five years as the purchasers might elect, with interest at 7 per cent. per annum, and to be secured by purchase-money mortgage on the land; that the purchasers have made the $ 1,000 and the $ 4,000 payments, and are able fully to perform their contract; that plaintiffs have fully performed on their part; that the defendants, on August 24, 1887, received from Oswald and Anderson, Douglas & Co. their share of the purchase-money, amounting, in money, notes, and other property, to more than $ 12,000, but have wholly refused to pay the plaintiffs' commission, though demanded.

Exhibit A is as follows, (omitting signatures and date:)

"We the undersigned hereby agree to pay J. S. McEwen and I. A. Olsen or order $ 5,000, to be paid to them in the proportion of $ 2,500 each, as commission in full to each of them in the proportion as aforesaid for negotiating the sale of that certain tract of land, (describing it.) This agreement being made upon the express understanding and agreement that said parties negotiate and consummate to Anderson, Douglas & Co., or their representatives or associates, the sale of said land at $ 4,200 per acre, said commission not to be paid until the undersigned receive their share of the purchase-money from said sale. They to take nothing but cash for their share."

The defendants answered, and the...