Legal Opinion · Dissent

Milholin v. Vorhies

Supreme Court of Iowa

Decided June 16, 1982No. 67005Published

1DissentMcGIVERIN, Justice

I respectfully dissent from the result reached by the majority. I do so on two grounds.

I. First, I join the dissent of Justice Uhlenhopp for the reasons stated therein.

II. Second, even if the Iowa Real Estate Commission rule in question is held valid for the reasons stated in the majority opinion, I additionally dissent from the result for the following reasons.

Some sellers of realty refuse to, or do not, sign a listing contract with a broker yet* promise to pay a reasonable commission to the broker if he is the procuring cause of a sale of the premises. That is what happened here. The trial…

2Cases cited5 opinions

  1. Wunschel Law Firm, P.C. v. ClabaughSupreme Court of Iowa · 1980
  2. Flammia v. Mite CorporationDistrict Court, E.D. New York · 1975
  3. Frash v. EisenhowerIndiana Court of Appeals · 1978
  4. Center Investments, Inc. v. PenhallurickCourt of Appeals of Washington · 1979
  5. Groves Bros. & Co. v. SchellMissouri Court of Appeals · 1964

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API