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MAHER v. ROISNER

No. 35,811.

239 Minn. 115 (1953)

JAMES D. MAHER, d.b.a. MAHER COMPANY, v. MORRIS ROISNER.

Supreme Court of Minnesota.

April 10, 1953.

Attorney(s) appearing for the Case

Hoffmann, Donahue & Graff, for appellant.

Jack Tarbox, for respondent.

LORING, CHIEF JUSTICE.

This is an action to recover a real estate commission alleged to be due plaintiff as the result of his having produced a buyer who was ready, willing, and able to purchase certain property. A verdict was returned for plaintiff. This appeal is from an order denying defendant's motion for a new trial.

During his closing argument defendant's attorney argued that, although plaintiff claimed to have advertised the property, he had

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