Duke v. Graham
Supreme Court of Iowa
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
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- Lunney v. HealeyNebraska Supreme Court · 1898
- Nagl v. SmallSupreme Court of Iowa · 1912
3Cited by3 opinions
- Case v. CaseSupreme Court of Iowa · 1929
- Wright v. BuzzineCalifornia Court of Appeal · 1960
- Scott v. J. C. Ferguson Realty Co.Supreme Court of Iowa · 1928