Shuck v. Conway
Supreme Court of Iowa
Appeal from Adair District Gourt. — H. S. Dugan, Judge. Action to recover for a commission for the sale of real estate. Trial to a jury, and, at the close of the testimony, the court sustained plaintiff’s motion for a directed verdict against two of the defendants,, Frank and Ernest, and dismissed the petition as to Faye Conway, on the ground that as to her no agency was proven, and that the evidence does not show that either of appellants had any authority to .make a…
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Appeal from Adair District Gourt. — H. S. Dugan, Judge. Action to recover for a commission for the sale of real estate. Trial to a jury, and, at the close of the testimony, the court sustained plaintiff’s motion for a directed verdict against two of the defendants,, Frank and Ernest, and dismissed the petition as to Faye Conway, on the ground that as to her no agency was proven, and that the evidence does not show that either of appellants had any authority to .make a contract for Faye. Judgment was entered against said two defendants for $480, with interest from August 14, 1919, and costs.…
1Opinion of the CourtPreston, J.
160 acres of the 240 in controversy belonged to the two appellants, and the other 80 to their 'sister Faye. There was no sale of the land. The defendants would not sell unless $44,000, or at least $11,000, as they seemed later to be willing to take, was paid doAvn, and the purchaser alleged to have been produced by plaintiff refused to pay either of these amounts.
The petition alleges that,, in July, 1919, defendants listed Avith the plaintiff for sale the 240 acres described, at $225 per acre, upon the folloAving terms: All cash March 1, 1920, except $10,000, AAdiich amount Avas to be carried…
2Cases cited3 opinions
- Sanden v. AusenhusSupreme Court of Iowa · 1918
- Staten v. HammerSupreme Court of Iowa · 1903
- Anderson v. HowardSupreme Court of Iowa · 1915