Delong v. W. G. Schanke Co., Inc., 235 N.W. 17 (Minn. 1931). · Go Syfert
Delong v. W. G. Schanke Co., Inc., 235 N.W. 17 (Minn. 1931). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Ella M. Delong
v.
W. G. Schanke Company, Inc. [Fn1]
No. 28,323..
Supreme Court of Minnesota.
Feb 27, 1931.
235 N.W. 17
E.E. Eder , for appellant. O.J. Ertsgaard and Lena Brown , for respondent.
PER CURIAM..
Cited by 1 opinion  |  Published
PER CURIAM.

On a trial in the municipal court of Minneapolis without a jury the plaintiff prevailed on a cause of action arising out of a transaction wherein she claims that she engaged the defendant to purchase for her 20 shares of Cities Service stock, paying down the sum of $500 on the purchase. It was the contention of the defendant that the transaction was one between principals and that the $500 was a down payment on an uncompleted purchase. Plaintiff contends that she was engaging defendant as a broker to purchase the stock in open market.

The trial court found in accordance with plaintiff’s theory that' the plaintiff paid $500 over to the defendant to be used in the purchase but that the defendant never bought the stock for the plaintiff. Defendant retained the $500.

In our opinion the findings of the trial court are sustained by the evidence, and the plaintiff is entitled to recover the $500.

The order appealed from is affirmed.