Attix, Noyes & Co. v. Pelan
Supreme Court of Iowa
Appeal from the Dubuque District Court. Tlie plaintiffs, averring that their chief business is that of commission agents for the sale of real estate, claim damages of the defendants for an alleged breach of the following agreement: “ In consideration of one dollar, to us paid by Messrs.
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Appeal from the Dubuque District Court. Tlie plaintiffs, averring that their chief business is that of commission agents for the sale of real estate, claim damages of the defendants for an alleged breach of the following agreement: “ In consideration of one dollar, to us paid by Messrs. “ Attix, Noyes & Co., we hereby grant them exclusive “ authority to negotiate a sale for us, of the property be- “ low described, for two months from date, and thereafter “ till withdrawn, in writing, on the face hereof; they to be “ allowed by us two and a half per cent, commission for “such negotiation. And…
1Opinion of the CourtStockton, J.
The instrument of writing sued on, is an undertaking by defendants, that plaintiffs, for two months, and thereafter until revoked in writing, should have exclusive authority to sell for defendants, the real estate therein described, for a sum not less than the price therein fixed. The plaintiffs were to be allowed a commission of two and one half per centum, for the negotiation. They were to have, however, all that the property sold for, over and above the stipulated price, and if STich excess did not amount to the two and a half per centum, on the stated prices, the defendants agreed to make…
2Cases cited1 opinion
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
3Cited by17 opinions
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Hutchinson v. Dobson-Bainbridge Realty Co.Court of Appeals of Tennessee · 1946
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