Mattes v. Engel

Citations

• 15 S.D. 330
• 89 N.W. 651
• 1902 S.D. LEXIS 12

Syllabus

<p>1. An agent employed to sell a mine, having found a customer with whom the owner made a contract of sale, is entitled to his commissions, in the absence of agreement to the contrary, though the contract was not specifically enforceable, and was canceled by the parties thereto.</p> <p>2. One is not precluded from insisting on his commissions for selling a mine because, being made superintendent by the purchaser, he procures a modification of The contract of sale, extending time of payment</p> <p>3. Allowing plaintiff in action for commissions for selling a mine, the contract for which sale was cancelled by the parties thereto, to go into details with reference to betterments which defendant by cross-examination, showed had, after the sale, been put on the property, is harmless.</p>