Legal Opinion

Donley v. Porter

Supreme Court of Iowa

Decided February 9, 1903PublishedCited by 25 opinions

Appeal from Wright District Court. — Hon. J. K. Whitaker, Judge. Action at law to recover compensation for services performed as a real estate, broker. A jury was waived, and the case tried to the court, resulting in a judgment for plaintiff. Defendant appeals. —

1Opinion of the CourtDeemer, J.

As the case was tried to the court without a jury, its findings as to the facts will not be disturbed in the absence of a showing of passion or prejudice. That defendant appointed plaintiff as his agent to find a purchaser for his property must, in view of the rule just announced, be accepted as a verity, for there was evidence to support such a finding, although it may not have preponderated toward that conclusion. To be entitled to his commission, it was incumbent on plaintiff to sh >w that he did find a purchaser who was able, ready, and willing to *543take the property for the price and on…

2Cases cited4 opinions

  1. Fenn v. Ware & OwensSupreme Court of Georgia · 1897
  2. Blood v. ShannonCalifornia Supreme Court · 1866
  3. Smith v. KeelerIllinois Supreme Court · 1894
  4. Weaver v. SnowAppellate Court of Illinois · 1895

3Cited by25 opinions

  1. McDermott v. MahoneySupreme Court of Iowa · 1908
  2. Best v. KelleyWashington Supreme Court · 1945
  3. California Land Security Co. v. RitchieCalifornia Court of Appeal · 1919
  4. Powers v. BohuslavNebraska Supreme Court · 1909
  5. Hawes v. SwanzeySupreme Court of Iowa · 1904

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