MAYBERRY v. DAVIS

No. 42028.

178 N.W.2d 911 (1970)

Tom MAYBERRY and Ed G. Mutsch, d. b. a. Ed G. Mutsch Realty, Appellant, v. Donald E. DAVIS, Respondent.

Supreme Court of Minnesota.

July 17, 1970.


Attorney(s) appearing for the Case

Erickson, Zierke, Kuderer & Utermarck, Fairmont, for appellant.

Richards, Montgomery, Cobb & Bassford, and Jon Jensvold, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and THEODORE B. KNUDSON, JJ.


OPINION

OTIS, Justice.

Plaintiffs have been awarded a verdict of $2,400 in an action to recover a real estate commission. The court granted a new trial and thereafter ordered judgment notwithstanding the verdict. Plaintiffs appeal from the judgment.

The subject of this litigation is a farm consisting of some 158 acres in Rosendale Township, Watonwan County. Title was in Waldron C. Davis, when he died December 21, 1965. His heirs and their undivided...

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