The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-01-28
CITY NEWS
BLOCK DECISION is
UPHELD BY COURT.
The Supreme Bench Decides
Against Appeal in
Land Case

roses MS appear TO the supreme court
from the decision Of the Ramsey coun-
ty court in the case in which Barnett
& Errett, a st. Paul real estate firm,
sued him for breach of contract in a
real estate deal. The decision In eff
feet holds that Barnett & Errett, may
sue for alleged breach of contract by
Block as subagent in a North Dakota
real estate transaction. The case in
wolves real estate commissions claimed
by Barnett & Errett, of A.. D. Clark &
Co., owners of a big tract of land, who
sold to the Good Homes Land company,
of which Block is president. The
plaintiffs respondents in theS suit In
the state courts recently obtained
Judgment against Clark & Co. in the
federal courts. The opinion in the
case decided yesterday was written by
Judge John A. Lovely. The syllabus
follows:
E. De Forest Barnett and Frank ]. Err
rett, copartners as Barnett & Errett,
respondents, vs. Julius Nj. Block. appel
liant.
i. Where upon the allegations Of a
complaint it appears that an agent for the
sale Of lands entered into an agreement
with a third party whereby the latter
promised to assist such agent in procuring
portion of the agents commission such
promises must be regarded as mutual.
each furnishing consideration for the
other.
2. Under such an agreement perfect
good faith is demanded of both parties
and the subagent is prohibited from any
misrepresentation to the land owner or his
principal for whom he is dealing whereby
the latter would be induced to surrender
his rights and for any benefits derived
by such subagent from such misrepresen-
IA finnS ic liable
in damages
Order affirmed. Lovely, ].
e Twelve other opinions We're filed by
the supreme court yesterday. The
syllabi:
Swan J. Hjeln. appellant, VS., The weste
ern Granite contracting Company. a
corporation, respondent.
The rule that master cannot delegate
to a servant the performance of his abso-
lutte duties SO as to relieve himself from
the charge of negligence, applied to the
facts of this case, and the evidence held
sufficient to take the case to the jury.
Order reversed. Brown, J.
Minnesota Debenture Company, respond
ent, VS.. Rasmus Johnson, appellant.
l.. A Judgment is conclusive only
against parties thereto and their privies;
as to strangers it is evidence only of its
entry. and not of any fact on which it
2. To constitute one the privy by es-
tate of another, it must appear that he
succeeded after the bringing of the ac-
ton by which he is sought to be conclud-
ed to an estate or interest held by the
party to the judgment.
3. The rule that q Judgment is admis-
as link in party's chain of title, does
not apply to all judgments. It applies
more particularly to judgments in parti-
ton proceedings, probate DEGREES, actions
To lnSa iov1c a
judgments which operate proprio vigore
to transfer title, or such as render valid
disclosed link, which, without the judg-
ment, would be defective or invalid.
4. Such rule does not apply to ordinary
judgments in actions to determine adj
verse claims. which do not purport to
transfer title or render valid an other
wise defective link in the chain of title.
8. In an action in ejectment, plaintiff
to support its claim of ownership, traced
title to the land in controversy from the
general government to one George r.
Dean, and to show title in itself, offered
in evidence a Judgment in an action
brought by it against Dean to determine
adverse claims; in which action this de-
PENDANT, who was at the time of it's COM
mencement, and when the Judgment
therein was rendered. in the actual pos
session Of the land, was not a party, and
it was not shown that he was the privy
Of Dean. The Judgment did not purport
to transfer the Dean title to plaintiff.
nor render valid disclosed S defsctss
the Judgment was not competent evil
dence of title in plaintiff as against this
defendant.
Order reversed and new trial granted.
Brown, j.
John F. Kelly and Norman Fetter. as
trustees respondents, vs. The Liver
pool & London & Globe Insurance COM
pany, appellant.
The arbitration provided for by the
Minnesota standard form of insurance pol
Icy in case the parties are unable to
agree as to the amount of the loss there
under is not condition precedent to the
right Of action on the policy, unless a
controversy between the parties as to
the amount of the loss in fact exists; and
it is unnecessary in the absence of con-
troversy on that subject to alege in the
complaint in an action upon such pol
icy that an arbitration was. or was not,
had. or was waived by the Insurance.
company.
Order affirmed. Brown, ].
Frank Alexander, respondent, vs. M, D.
Bauer, appellant.
Claim and delivery to recover several
thousand feet of logs. Under the terms
of contract whereby defendant was to
have until a certain time to cut and re-
move the same from plaintiffs land, a
portion thereof was cut before the linlita-
ton provided for in the contract ex-
pired but were not removed until six