The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-20
Court

Henry L. Trimble, respondent, vs.: Lake Superior
& Puget Sound company ct al, defendants;
Christopher Burns, appellant
Syllabus: A tenant Of the building situated
on land held under lease by another party
does not, by accepting lease Of the land from
a stranger before the expiration of his lease,
without the consent of his landlord or the lessee
of the land, place the stranger in possession
of the land to enable him to maintain
action to quiet title s. i---sst. 4 49,.
Order reversed and new trial granted.
John R. Current, appellant, Tvs. John W. Muir,
respondent. = -s-.4E 's-s s-,..-..
Syllabus A. agreed to pay B. commits
sion Of a stipulated sum per acre for lands
for which he found purchaser. B. produced
a purchaser, who entered into written con-
tract with A. to purchase a certain number Of
acres OF land. In an action by B. against A.
to recover commissions held that 1t was error
to permit A. to show an oral agreement be-
tween him and G.. made before the execution Of
the contract, by which C. to have the
right to refuse to take part of the lands
described in the contract. AS B. right to COM
pensation arose out Of, and was measured. by,
the written contract tns patoi eSldence RUE =
Order reversed Elliott, }.
Thomas F. Rodgers, as administrator Of the
estate Of Edward MCCLELLAN, deceased, respon-
dent vs. the Minneapolis & st. Louis Railroad
company, appellant Ee
Syllabus: In personal injury action the
evidence held to sustain the verdict.
Order affirmed. Elliott, ].
T. O. Loveland and ]. L. Records, co-partners
| under the firm name and style Of the Equit-
able Manufacturing company, appellants, VS..
Andrew STEVENSON, respondent. ,-e-r
Syllabus First-A contract for the sale OF
jewelry specified goods of definite kind and
character as the subject matter thereof, viz,
"rolled gold plate and further that II the
jewelry furnished hereunder failed to wear
M -111z
change the same and replace the articles thus
deficient by others. It also contained pro.
vision to the effect that the purchaser waived
the right to Nclaim a failure Of consideration
or that the goods were not according to order,
without first exhausting the terms Of the con
| tract as to exchange. 1t is held that the termf
| Of the contract as to exchnge applied only tc
articles Of jewelry not wearing well or not sell
| ing readily, and not to articles different II
kind and quality from those contracted for. Al
to the latter the purchaser had the right, upor
| discovering that the articles did not correspond
in quality and character with those ordered. tt
| return the same to the sellers as not In compli
/ ance with the contract
I second-The contract also required Of the sell
ers bond to secure the faithful performance
| Of the contract on their part, including
guaranty to the purchaser Of certain specified
profits on the sale Of the goods. 1t Is held tina
| the provisions for such bond were substantive
! mart Of the contract, q breach of which JUST
| fed return Of the goods, and further that thu
evidence sustains the verdict Of the jury tina
no bond was ever delivered offered to de
| PENDANT.
/ Order affirmed. brown, j.
| Alexander Schutt, appellant, vs.. James Adair
ct al, respondents.
Syllabus: First-The violation OF a statutor.
duty may constitute negligence per Sc, and &C
tionable If injury result therefrom, nevertheless
I statutes imposing such duties not SO con
/ strued as to abrogate the ordinary rules Of con
4 tributory negligence, unless so worded as
leave no doubt that the legislature intended t
! exclude the defense.
! second-C onceding the application of sectio
2250, General Statutes Of 1894, to persons othe
! than employ ees the defense Of contributory neg
ligence on the part Of a person injured in conse
4 quence Of the failure to comply with the statut
i Is not thereby excluded.
"A Third-The trial court properly charged til
Jury that IL plaintiff failed to exercise due car
4 for his own safety while in defendants build
ing, he could not recover.
Order affirmed. Brown, ].
, Archibald D.. Mcleod, appellant, VS.. Charles ]
Mattson, respondent.
Syllabus: separate tax Judgment was e
tered against each Of several lots owned /
, the plaintiff, and each lot was separately o
fered for sale by virtue of the judgment al
bid in by the state. The defendant purchase
the right of the state in each of the lots and
: county auditor issued to him assignment ce
y l II
the lots were included.
81 Held, constituting section 1901, q. 8. 1s9
that the certificates are valid
Judgment affirmed Start, O. j.
J James n. De Blois respondent, vs.. Gre
Northern Railway company, appellant.
. Syllabus: Held in this, personal injury a
ton that the verdict is sustained by the e,
dence; that an award Of damages In the su
/ of $500 for a permanent injury to the uri
airy organs and bladder is not excessive. an
further, that there were no reversible erro
in the charge OF the court as to the measu
of damages
Order affirmed. Start, G. J..
4 Kenneth "A. Mcdonald, respondent VS.. Patri
a. Smith, appellant
Syllabus: Action to recover commission
which the plaintiff claimed were due him
finding purchaser for pine timber belongi
to thN defendant. Held: s4s5
FirsAk "A real estate broker In order to ca
com mission for finding purchaser mu
either obtain contract from a proposed p,
chaser able to buy. whereby he Is legally bou
to buy on the authorized terms, or he mu
produce to HIS principal q proposed purchas,
able, willing and ready to buy on the auth'
lied terms.
second-It is not necessary that the princir
and purchaser actually be brought face
face, but the principal must be notified tn
| 81 such a nnrchaaer has been found and afford