Larson v. Thoma
Supreme Court of Iowa
Appeal from Allamakee District Court. — Hon. A. N. Hobson, Judge. Action to recover commission for sale of real estate. There was a counterclaim for damages for wrongfully suing out of attachment.
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Appeal from Allamakee District Court. — Hon. A. N. Hobson, Judge. Action to recover commission for sale of real estate. There was a counterclaim for damages for wrongfully suing out of attachment. There were special findings by the jury that the attachment was not wrongfully sued out, and that plaintiffs did not sue out such attachment with the intent or purpose of harassing or coercing defendant, and there was a general verdict for the plaintiffs in the amount of their claim. From a judgment on the verdict, defendant appeals.
1Opinion of the CourtMcClain, J.
I. There was evidence tending to *340show that plaintiffs effected a sale of defendant’s land to one Conrad in accordance with the terms of a contract under which plaintiffs were to receive $160 in the event of effecting such sale, but it -is contended for appellant that a verdict should have been directed for the defendant, or a new trial granted on plaintiffs’ motion, because it conclusively appeared that the contract for commission on which plaintiffs sue was procured by fraudulent concealment, and also because the court erroneously withdrew from the consideration of the jury any question of…
2Cases cited17 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
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- Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
- Mann v. TaylorSupreme Court of Iowa · 1889
- Wilkinson v. McCulloughSupreme Court of Pennsylvania · 1900
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3Cited by12 opinions
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