Anderson v. Howard
Supreme Court of Iowa
Appeal from Marshall District Court. — C. B. Bradshaw, Judge. Plaintiffs bring this action at law to recover commissions alleged to have been earned by them in the sale oí real estate for M. C. Howard in his lifetime. Defendant denies the claim and denies that the contract of sale, for negotiating which plaintiffs demand a recovery, was ever authorized or approved by Howard.
Read the full summary
Appeal from Marshall District Court. — C. B. Bradshaw, Judge. Plaintiffs bring this action at law to recover commissions alleged to have been earned by them in the sale oí real estate for M. C. Howard in his lifetime. Defendant denies the claim and denies that the contract of sale, for negotiating which plaintiffs demand a recovery, was ever authorized or approved by Howard. At the close of the plaintiffs’ evidence, the court overruled the defendant’s motion for verdict and judgment in her favor, and when both parties had rested, the court directed a verdict in favor of the plaintiffs.…
1Opinion of the CourtWeaver, J.
For reasons hereinafter stated, the ruling and judgment of the court below cannot be sustained.
1. Brokers: commission when earned: disregard of authority: unwarranted assumption of implied authority. At the time in question, plaintiffs were residing and doing business at Union, Iowa, ánd Howard was living at Nampa, in the state of Idaho. Howard had a farm which he desired to sell, in Marshall County, Iowa, where he had formerly resided, and he had some communication with plaintiffs on the subject. The entire transaction between them was by correspondence, which we here set out in full. It was…
2Cases cited10 opinions
- Brandrup v. BrittenNorth Dakota Supreme Court · 1903
- Gilbert v. BaxterSupreme Court of Iowa · 1887
- Sawyer v. BrossartSupreme Court of Iowa · 1885
- Milligan v. OwenSupreme Court of Iowa · 1904
- Balkema v. SearleSupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dodd v. GroosSupreme Court of Iowa · 1916
- Ohio Savings Bank & Trust Co. v. SchneiderSupreme Court of Iowa · 1926
- Shuck v. ConwaySupreme Court of Iowa · 1920