Stapp v. Godfrey
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. B. W. Preston, Judge. Action to recover a commission for finding a purchaser of certain real estate belonging to defendant. Defendant denied that he authorized plaintiffs to find a purchaser, admitted that he executed a contract for exchange of properties with one Kaufman, and further averred that plaintiffs, without his knowledge or consent, obtained a commission from Kaufman for effectuating the exchange.
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Appeal from Keokuk District Court. — Hon. B. W. Preston, Judge. Action to recover a commission for finding a purchaser of certain real estate belonging to defendant. Defendant denied that he authorized plaintiffs to find a purchaser, admitted that he executed a contract for exchange of properties with one Kaufman, and further averred that plaintiffs, without his knowledge or consent, obtained a commission from Kaufman for effectuating the exchange. Plaintiffs, in reply, admitted that they received a commission from Kaufman, but averred that this was with the full knowledge of defendant and…
1Opinion of the CourtDeemer, J.
The issues as made by the pleadings were: First. Did plaintiffs and defendant enter into an agreement whereby defendant was to allow plaintiffs a commission for the sale of his real estate? Second. Admitting that plaintiffs received a commission from the purchaser Kaufman, did defendant know of that fact before the sale was consummated ? Third. If plaintiffs are entitled to recover, what is the measure of their recovery?
The verdict was general, and, as there was a conflict in the testimony upon each of the propositions involved, the ease must be affirmed, unless it appears that errors were…
2Cases cited12 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Stewart v. MatherWisconsin Supreme Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Leathers v. CanfieldMichigan Supreme Court · 1898
- Orton v. ScofieldWisconsin Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boyle v. BornholtzSupreme Court of Iowa · 1937
- Murphy v. Albany Pecan Development Co.Supreme Court of Iowa · 1915
- Clopton v. MeevesIdaho Supreme Court · 1913
- Rasmussen v. HansenSupreme Court of Iowa · 1916
- Githens v. JohnsonSupreme Court of Iowa · 1923
2 more not listed; retrieve them via the Exa API.