Bowen v. Priebe

129 N.W. 1055, 113 Minn. 526, 1911 Minn. LEXIS 803

• Court: Supreme Court of Minnesota
• Decided: February 24, 1911
• Docket: Nos. 16,731—(54)
• Status: Published

Opinion

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.