Bird v. Phillips
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. P, R. GS-ay-nor, Judge. The petition is in three counts. In the first a claim is-made for a commission of $650 for the sale of certain real estate in Woodbury county. In the second count an. additional claim is made for $104.50 for renting and attending to said land, and furnishing wire for use thereon. The third count we need not set out.
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Appeal from Woodbury District Court. — Hon. P, R. GS-ay-nor, Judge. The petition is in three counts. In the first a claim is-made for a commission of $650 for the sale of certain real estate in Woodbury county. In the second count an. additional claim is made for $104.50 for renting and attending to said land, and furnishing wire for use thereon. The third count we need not set out. The cause of action therein stated was withdrawn by the court from the- jury, and no appeal was taken from such action. The answer sets up, in substance> that the real estate in question was owned by defendant;…
1Opinion of the CourtWaterman, J.
1 Defendant, OEffiel Phillips, was the owner of a tract of land in Woodson county, Kan., the title thereto standing in her name. At the same time one Wilcox owned land in Woodbury county in this state. These lands were exchanged, defendant taking title to the Woodbury county land in her name. ' It is for the sale of this last-named tract, or for procuring a purchaser therefor, that plaintiff seeks to recover commission. The business on defendant’s part was conducted by her husband, who entered into the written contract upon which plaintiff founds his claim, both in his wife’s name and his…
2Cases cited7 opinions
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Drake v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Furst v. TweedSupreme Court of Iowa · 1895
- Kelly v. PhelpsWisconsin Supreme Court · 1883
- O'Connor v. SempleWisconsin Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Johnson Bros. v. WrightSupreme Court of Iowa · 1904
- Rathke v. TylerSupreme Court of Iowa · 1907
- Spencer Co-operative Live Stock Shipping Ass'n v. SchultzWisconsin Supreme Court · 1932
- Jones v. FordSupreme Court of Iowa · 1912
6 more not listed; retrieve them via the Exa API.