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HERVEY v. TEL-E-LECT, INC.

No. 49884.

290 N.W.2d 761 (1980)

Robert E. HERVEY, Appellant, v. TEL-E-LECT, INC., Respondent.

Supreme Court of Minnesota.

March 14, 1980.

Attorney(s) appearing for the Case

Bloedel, Nelson, Slade, Volstad & Hawkinson and Clifford G. Nelson, Minneapolis, for appellant.

Carlsen, Greiner & Law and Thomas K. Berg, Minneapolis, for respondent.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Robert E. Hervey, acting in his capacity as a sales representative of Powr-Tel, Inc., negotiated a contract between Powr-Tel and Mexican Power Company for the sale of 28 truck mounted utility vehicles. Powr-Tel decided it could not efficiently process the contract, withdrew, and advised Mexican Power Company, Hervey, and Tel-E-Lect of its withdrawal. Tel-E-Lect took over the contract and completed delivery. Hervey sought recovery of a 5-percent commission...

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