The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-04-25
Waterman County.

LTtal SFdHlSQ.@gts --SoldiS y, S.{4J 95
Waterman County.
George B. Dart, appellant. VS.. John K.
Sonnesyn, respondent
II First Where real estate broker is en-
ployed by the owner Of lands to exchange the
same for other property aud a third person
having information thereof from the broker
communicates through him with the owner OF
the land ana affects sale, the relation OF
principal and agent between the broker and
the cWner forbids any legal Inference that
there is an implied promise by such third
party based upon supposed benefits from the
trade to pay the broker a commission for
services.
Second--An offer to prove general custom
among brokers acting for both parties to an
exchange Of lands to charge commissions to
each he'd properly refused, for the reason
that 1t aLneared that the broker was the
agent of one of the parties and could not
therefore legally demand compensa ton from
the other. Order affirmed. Lovely, ].
Ramsey County.
Carrie G. Eggleston, appellant, VS.. William
u K. Merriam ct al, respondents.
First-Eggleston v. Merriam, 80 Mimi 9S,
followed to the effect that where fund has
been set apart, by trustees under will to
furnish an annuity to a legatee, the corpus OF
such fund may be resorted to upon the fail
ure of the same to produce the requisite in-
terest ~
Second-It appearing that the fund set apart
to furnish the annuity Of the legatee is sufi-
.cient for several years to accomplish that
purpose in the Judgment of the trial court 1t
was not required to go further and impose
obligations upon other funds which had been
previously distributed.
Tnird-Held that an action to charge other
funds than that set apart specifically for the
legatee under the evidence in this case was
premature. Order affirmed Lovely, J.
Todd County.
The Plano Manufacturing company, appel
liant, vs.. William Richards, respondent.
First-Upon an express promissory warranty
against the known defects of an implement
sold for use, it is necessary for the party rely
ing upon the same to plead, as we'll as prove,
what it actually was worth. as well as what
it would have been worth if as warranted.
Second-Upon a claim for a breach of war
ranty, the failure to plead facts showing the
difference between the value of the thing sold
and its value had it been as warranted is a
substantial omission that may be raised after
verdict upon motion for Judgment.
Third-Upon a consideration of the plead
ings in this case. held. that the failure to
allege the essential facts to show that dam
ages were occasioned by the alleged breach of
the warranty when no effort was made to cure
such omission at the trial, that a Judgment
Notwithstanding such verdict should have
been ordered by the trial court.
Order reversed and Judgment ordered for
the plaintiff. Lovely, J.
Clay County.
Norris R. Griswold, appellant, VS.. Great
| Northern Railway company, respondent.
4 In an action for personal injuries alleged
1 to have been caused by the negligence of de.
| PENDANT, the evidence is examined. considered
| and held to sustain the order of the tria
court directing judgment for defendant not
withstanding the verdict of the jury, on thu
ground Of contributory negligence on the par
! of plaintiff IN
y Order affirmed. Brown. J.
stevens County.
! William r. Merriam, appellant, vs. ]. A
johnson, respondent.
4 First-A real estate agent, who induces The
owner to fix net price upon certain property
upon the superstition that a sale is to be made
4 to a third party, cannot himself purchase thu
4 property and by such "a transaction. in an!
event, realize a greater profit than reason
4 able commission in addition to the net price
4 Second-If the agent is himself the pur
chaser, using a third party, as medium
\ through whom to secure a deed to the premi
4 ses from the owner, and then sells at an ad
vance she will he held accountable to tn
owner for the profit realized. Il
'Third-C Complaint examined and held t.
1 state a cause of action at law for money hat
and received.
Fourth-Evidence not conclusive as to tn,
nature of the contract between the owner ant
agent, and the court erred in ordering judg
4 ment for defendant notwithstanding the yer
! dict.
order reversed and new trial granted.
Lewis, j.
Washington County.
1 Nd. Farmer ct al. appellants. VS.. the Still
i water Water Company ct, al, respondents.
/ The. issue presented by the pleadings wal
i the reasonableness of q hydrant rental con
tract for the period of thirty years, between
a municipality and a private water company
Held Hydraulic engineers, called~ as wit
4 nesses to testify to the nature cost and eff
i cheney Of the water system, were experts ant
entitled to reasonable fees as such. Held
/ That the trial court did not abuse its discre
4 ton in fixing the fees of such witnesses II
4 this case Judgment affirmed. Lewis, j.
Ramsey County.
William A.. sothern, as assignee of the Wild
wood Park Company, insolvent, respond
ents VS. William Dawson ct al, defend
4 ants; Henry B. Fuller, Cynthia S. Fuller
4 ossia H. Strong and Charles H. Robbins
i appellants
4 First Chapter 341, Laws 1897, extends t
4 assignees and receivers the same power
a which by chapter 70, G. S., are provided TO
4 creditors with respect to stockholders iabil
4 ity The bringing of such action by the as
= signee, or receiver, is obligatory, It no sim
liar action has been commenced Within 81
4 months Of the assignment or the appointment
q Of the receiver, but the fact that such actio
4 has not been commenced, SIS not a necessar
81 part of the cause Of action. That such suit
i pending must be taken advantage OF D.
4 special demurrer, on that ground, or D
4 answer
second-Chapter, 341, Laws 1897, was nc
repealed by chapter 272, Laws 1899 The lat
q ter is cumulative, and the two acts emorac
a consistent remedies.
u Third-Complaint construed and held
& state cause of action. Order affirmed
Lewis, ].
Carries the Broom.
In the old days of heavy teaming tn
! strongest and best team on the road car
. rfed the broom. The Northern Pacific
q s.North Coast Limited carries the brool
I among railway trains and it resume
service Sunday, May 4th.
j Great Northern Railway Cheap Sc,
tiers Rates.