Morris tribune., 1914-07-24
MEYER-KEATING CASE
Supreme Court Grants a New
Trial

The supreme court has granted a
new trial in the case of Dan Meyer
against the Heating Land and Mort
gage Co. The case was tried in Big
Stone county early this year.
The suit arose out of the sale of a
tract of about 2, 900 acras of land by
Mr.. Meyer for Mr.. Heating. After
the deal was made. the purchaser
found that he had made larger pur-
chase than he was able to handle and
the contract Mas rescinded by the prin-
cipals, and the purchaser took only
section of the land. Mr.. Meyer sued
for commission on the whole tract,
but was given nothing in the lower
court. Mr.. Keating's defense was
that Mr.. Meyer had fraudulently mis-
represented the financial ability of
the purchaser.
The supreme court now orders
new trial. and holds that Mr.. Meyer
would at least be entitled to commits.
sion on the sale of the smaller tract
AS the principles Of the law govern;
ing the case, the supreme court
says
| Dan Meyer, appellant, vs.. Heating
Land & Mortgage company, ct al.
respondent.
1. Where broker procures pur-
chaser for the lands of his principal,
and the principal, without fraud or
other wrong-doing on the part of the
broker, accepts the purchaser and en-
ters into an enforceable contract with
him for the sale of the lands, the
brokers' compensation is earned.
2. If the broker fraudulently mis-
represents the financial ability Of the
: purchaser, and the purchaser is unable
to carry out the contract of purchase,
and the principal relies upon such re-
presentation to his prejudice, he may
rescind by voluntary agreement
with the purchaser, and, if rescis-
sion is thus made, the broker will not
be entitled to compensation. The
! evidence iustifies finding that the
broker fraudulently misrepresented
the giving the principal. as against
the broker, right of RECESSION by
agreement with the purchaser.
a 3. If the principal and the pur-
chaser by mutual agreement rescind,
and as a condition of the RECESSION,
and as a part of the agreement there
for, the purchaser accepts portion of
: the lands included within the contract,
2 the transaction amounting in effect to
: a partial rescission by agreement and
a partial purchase in accordance with
: the contract, the principal is liable to
:, the broker in some amount.
Order reversed.
e Opinion by Commissioner Dibell.
Miss Lillian Edmonds Married
Friends of Miss Lillian Edmonds.
formerly of this city, will be interest
: ed in the following account of heI
wedding taken from the Hardisty,
Alberta, Mall
j At the country home of Mr.. and
Mrs. C. W Edmonds the wedding
= took place of Miss Lillian Victoria
Edmonds to Mr.. Alfred Robert Kirk
= wood, real estate man, on Monday
{ last the 9th inst.
The bride. who looked very becoming
ID in dress of pale blue silk. was giver
" away by her father, while Kirk was
r. attended by Mr.. Garland who has beer
achieving a degree of popularity in
the performance of the function Of
best man at recent ceremonies.
Among the guests from town were
), Mrs. Gordon, Mr.. and Mrs. Adams,
IF Mr.. Atkinson, Mr.. Jensen, and Rev.
re G H. Holmes who performed the
lr sacred rite. After the service the
large number of guests we're enter
tanned to a delicious repast served OF
the lawn and photograph was takel
of the assembled friends.
Mr. and Mrs. Kirkwood were shown
~ the good will and hearty good feeling
lr of their friends both in the country
ts and in town on their arrival, il
e the usual time honoured ways, AM
* in settling into their own home the.
2, will have the best wishes for yer.
I happy life from q wide circle Z
whom they are 50 well known.