NELSON v. ROSENBLUM CO.

No. 42402.

182 N.W.2d 666 (1970)

Carroll J. NELSON, et al., Respondents, v. ROSENBLUM CO., Inc., Appellant.

Supreme Court of Minnesota.

December 18, 1970.


Attorney(s) appearing for the Case

Gene H. Rosenblum, St. Paul, for appellant.

Sanborn, Rice, Holcomb & Grayson, St. Paul, for respondents.

Heard before KNUTSON, C. J., and OTIS, PETERSON, KELLY, and ROSENGREN, JJ.


OPINION

PETERSON, Justice.

The question, upon the undisputed facts in this case, is whether a real estate broker who, in performance of a written net listing agreement with his principal, secures a financially responsible purchaser of his principal's property has earned his commission, notwithstanding the purchaser's breach of a legally enforceable purchase agreement, and may recover his commission from the earnest money paid by the purchaser. We answer...

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