Thompson v. Ryan
Supreme Court of Iowa
Appeal from Webster District Court. — H. E. Fry, Judge. Action at law to recover a commission on the sale or exchange of real property. There was a trial to a jury, and a verdict and judgment for plaintiff, and the defendant appeals. The plaintiff has also appealed from the action of the trial court in instructing the jury to allow interest, in case of recovery, from the commencement of the suit, instead of from the date plaintiff claims his service was completed.
1Opinion
Supplemental Opinion on Behearing.
3. Brokers : commission payable in “securities failure to consummate contract. The reversing opinion in this case, on defendant’s appeal, was made to turn on the error of the trial court in failing to submit to the jury the question of fraud. The cases were reviewed, to some extent, as to the character of the contract, and the statement was made in the opinion, just before Paragraph 2:
“We shall not stop to review them, but say that we think the contract in question comes more nearly within the rule laid down in such cases.”
A majority of the court are now of…
2Cases cited10 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- McPhail v. BuellCalifornia Supreme Court · 1890
- Lindley v. FayCalifornia Supreme Court · 1897
- Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
- Cremer v. MillerSupreme Court of Minnesota · 1893
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