Seevers v. Cleveland Coal Co.
Supreme Court of Iowa
Appeal from Wapello -District Court. — D. M. Anderson, Judge. Action at law to recover a broker’s commission for finding a purchaser for certain coal lands belonging to defendant. The case is bottomed on an express agreement on the part of the defendant to pay plaintiff 5 per cent commission on the selling price of the lands. The defendant filed a general denial, and also an affirmative defense, to be hereinafter noted.
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Appeal from Wapello -District Court. — D. M. Anderson, Judge. Action at law to recover a broker’s commission for finding a purchaser for certain coal lands belonging to defendant. The case is bottomed on an express agreement on the part of the defendant to pay plaintiff 5 per cent commission on the selling price of the lands. The defendant filed a general denial, and also an affirmative defense, to be hereinafter noted. Upon trial to a jury, a verdict was rendered for plaintiff in the sum of §22,245.82, upon which judgment was rendered, and defendant appeals.
1Opinion of the CourtDeemer, J.
T. This is the third appearance of the case in this court. Opinions on the former appeals will be found in 158 Iowa 574, and 166 Iowa 284. The first of these opinions contains a lengthy statement of the issues as they stood before the last trial, and also a recitation of some of -a-the facts as they then appeared of record. After remand, the plaintiff filed a substituted petition, in which his claim for commission was bottomed upon an express contract to pay him 5 per cent of the selling price for finding a purchaser, or purchasers, for what is called the Marion County, or “Belinda-Dallas,”…
2Cases cited22 opinions
- Evans v. RobertsSupreme Court of Iowa · 1915
- Livingston v. StevensSupreme Court of Iowa · 1903
- Ney v. Eastern Iowa Telephone Co.Supreme Court of Iowa · 1913
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- Johnson v. Harder & AverySupreme Court of Iowa · 1877
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3Cited by5 opinions
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- Ransom-Ellis Co. v. EppelsheimerSupreme Court of Iowa · 1928
- McDermott v. Ida CountySupreme Court of Iowa · 1919