Legal Opinion

Tracy v. Abney

Supreme Court of Iowa

Decided January 21, 1904PublishedCited by 1 opinion

Appeal from Clay District Court. — How. W. B. Quar-toN, Judge. ActioN to recover commissions as agent for the sale of land. A demurrer to plaintiff’s petition was sustained, and judgment rendered for defendant, from which plaintiff appeals.

1Opinion of the CourtMcClaiN, J.

The contract under which plaintiff claims as set out in his petition is signed by both parties, and is in the following terms: “We have this day given J. A. 1. commissions: construction of contract. Tracy authority to sell certain real estate situ- . _ _ _ ated m Clay county, Iowa, and described as the S. W. of Section 24, Township 94, Range 36, owned by us, and authorized him to sell and dispose of the same for the sum of $8,000.00, payable $2,000.00 in cash and balance to suit purchaser, and bind ourselves and our heirs to execute and deliver a warranty deed to the purchaser thereof, and to…

2Cited by1 opinion

  1. Tracy v. RadekeSupreme Court of Iowa · 1909

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