Legal Opinion

Duke v. Graham

Supreme Court of Iowa

Decided November 14, 1913PublishedCited by 3 opinions

Appeal from Wapello District Court. — Hon. F. M. Hunter, Judge. Action at law to recover a commission for the sale of real estate. Defendant denied the contract pleaded by plaintiff; alleged another agreement and a failure of plaintiff to comply with the terms thereof. Upon the issues joined, the case was tried to a jury, resulting in a directed verdict for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

In his petition, plaintiff alleged in substance that at the oral request of defendant he, plaintiff, *274undertook to procure a purchaser for defendant’s farm, consisting of one hundred and seventy-two acres in "Wapello county, or to procure some one who was willing to exchange other property for the farm; that it was agreed between him and the defendant that he, plaintiff, should have as his commission a sum equal to 2 per cent, of the amount “brought by such farm in such sale or exchange, ’ ’ such being the usual and customary commission for services of that nature and a reasonable sum for such…

2Cases cited3 opinions

  1. Ward v. CobbMassachusetts Supreme Judicial Court · 1889
  2. Lunney v. HealeyNebraska Supreme Court · 1898
  3. Nagl v. SmallSupreme Court of Iowa · 1912

3Cited by3 opinions

  1. Case v. CaseSupreme Court of Iowa · 1929
  2. Wright v. BuzzineCalifornia Court of Appeal · 1960
  3. Scott v. J. C. Ferguson Realty Co.Supreme Court of Iowa · 1928

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