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CLARK v. OTTO B. ASHBACH & SONS, INC.

No. 36,175.

241 Minn. 267 (1954)

BYRON D. CLARK, d.b.a. CLARK CONSTRUCTION COMPANY, v. OTTO B. ASHBACH & SONS, INC.

Supreme Court of Minnesota.

February 19, 1954.

Attorney(s) appearing for the Case

O.A. Brecke and E.T. Chesnut, for appellant.

Faricy, Moore & Costello, Harry G. Costello, Jr., and B. Warren Hart, for respondent.

MAGNEY, COMMISSIONER.

Plaintiff appeals from an order denying his motion in the alternative for judgment notwithstanding the verdict or for a new trial.

On August 22, 1949, defendant Otto B. Ashbach & Sons, Inc., hereinafter referred to as Ashbach, agreed in writing that, in consideration of their services in negotiating a sale of three LeTourneau motor scrapers to plaintiff Byron D. Clark, it would pay Paul F.

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