Millenkamp v. Willenburg
Supreme Court of Iowa
Appeal from Plymouth District Court. — W. D. Boies, Judge. Action to recover commissions paid on sale of real estate, on the ground of fraud and collusion on the part of the defendants, as agents of the plaintiff. The answer was, in effect, a general denial. There was a verdict for the plaintiff. From a judgment thereon, the defendants have appealed.
1Opinion of the CourtEvans, J.
1. Brokers: recovery of fraud-induced commission. The fact contention of the plaintiff is that he employed the defendants, C. B. Willenburg and Fred Eichorn, as his agents, to purchase for him a certain farm, and to turn into said purchase a certain mortgage for about $30,000, held by the plaintiff. A commission of $500 was agreed upon, and later paid. Thereafter, the plaintiff learned that the seller of the farm had paid a commission to one or both of the defendants, and that the amount of this commission had been added to the net price of the farm demanded by *810the seller, and that such fact…
2Cited by3 opinions
- First Trust Joint Stock Land Bank v. DiercksSupreme Court of Iowa · 1936
- Laird v. McCordSupreme Court of Iowa · 1923
- Schmidt v. Fortis InsuranceDistrict Court, N.D. Iowa · 2005