Legal Opinion

Stewart v. Pickering

Supreme Court of Iowa

Decided December 21, 1887PublishedCited by 10 opinions

Appeal from Winnebago' District Court — Hon. Gr. W. Ruddick, Judge. Action to recover money received by the defendants for lands sold by them for the plaintiff, and which they refused to pay over, because, as they claim, they sold certain other lands as the plaintiff’s agent, and were therefore entitled to retain the money as compensation for making the last-named sales. Trial to the court, judgment for the plaintiff, and defendants appeal.

1Opinion of the Court

Seevers, J..The plaintiff resides in Pennsylvania, and the defendants in Iowa. The latter are real estate brokers, and wrote to a person in Falls City, in the former state, who *653was authorized to act for the plaintiff, a letter, which was as follows: “Do you have charge of the lands in this county belonging to the estate of Hon. A. Stewart? If so, are they for sale? * * * If the title is all right, we can possibly find a customer for the list this year. Let ns hear from you as to price, etc.” The reply thereto is as follows: “I herewith inclose you a price-list of our land in your county. * *…

2Cited by10 opinions

  1. Scully v. WilliamsonSupreme Court of Oklahoma · 1910
  2. Brandrup v. BrittenNorth Dakota Supreme Court · 1903
  3. Ballou v. BergvendsenNorth Dakota Supreme Court · 1900
  4. Jones v. HowardIllinois Supreme Court · 1908
  5. Larson v. O'HaraSupreme Court of Minnesota · 1906

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