Donley v. Porter
Supreme Court of Iowa
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
- Fenn v. Ware & OwensSupreme Court of Georgia · 1897
- Blood v. ShannonCalifornia Supreme Court · 1866
- Smith v. KeelerIllinois Supreme Court · 1894
- Weaver v. SnowAppellate Court of Illinois · 1895
3Cited by25 opinions
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Best v. KelleyWashington Supreme Court · 1945
- California Land Security Co. v. RitchieCalifornia Court of Appeal · 1919
- Powers v. BohuslavNebraska Supreme Court · 1909
- Hawes v. SwanzeySupreme Court of Iowa · 1904
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