Leigh v. Sloan
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Atherton B. Clark, Judge. Action at law, to recover a commission for finding a purchaser of real estate. The defense was that the purchaser furnished- entered into a contract of purchase which he was not able to perform, and which he later failed to perform. Upon the same ground, the defendant also filed a counterclaim to recover a part of the commission already paid.
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Appeal from Cedar Rapids Superior Court. — Atherton B. Clark, Judge. Action at law, to recover a commission for finding a purchaser of real estate. The defense was that the purchaser furnished- entered into a contract of purchase which he was not able to perform, and which he later failed to perform. Upon the same ground, the defendant also filed a counterclaim to recover a part of the commission already paid. There was a directed verdict for the plaintiff, and the defendant appeals.—
1Opinion of the CourtEvans, J.
— The plaintiff, Leigh, is a real estate agent, with whom the defendant Sloan orally listed his farm for sale at $165 per acre. Shors & Shors, who were impleaded upon the motion of the defendant, were also real estate agents, who became associated with the plaintiff in finding a purchaser for the defendant’s farm. Kloubec was the purchaser with whom the defendant entered into a contract of sale. In the listing of the farm, no terms were fixed. It was agreed that, if the plaintiff furnished a purchaser, the defendant would fix reasonable terms. The plaintiff, pursuant to the listing,…
2Cases cited6 opinions
- Flynn v. JordalSupreme Court of Iowa · 1904
- Johnson Bros. v. WrightSupreme Court of Iowa · 1904
- Nagl v. SmallSupreme Court of Iowa · 1912
- Ketcham v. AxelsonSupreme Court of Iowa · 1913
- Wenks v. HazardSupreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nickelsen v. MoreheadSupreme Court of Iowa · 1947