Pierce v. Powell

In February, 1869, appellee authorized appellants, as real estate agents, to sell for him 21 acres of land at $1500 per acre, one-third cash and the balance in one, two and three years, the unpaid purchase money to draw eight per cent interest per annum, they to receive a commission of 2J per cent on the sale. On the first day of March, 1869, appellants received of James B. Rathburn $1000, and gave a receipt therefor, in the name of appellee by themselves as agents, which was to be applied as a part of the purchase money, if he should finally become the purchaser of the land; but if Rathburn…