Patterson v. Johnson
Supreme Court of Iowa
Appeal from Lirm District Court. — F. O. Ellison, Judge. Plaintiff seeks to recover a commission of $1.00 per acre for lands sold by the defendant to one Anderson, and the claim is based upon an agreement that such commission shall be paid the plaintiff for “following up work and closing land deals with customers,” Anderson being one of the customers referred to.
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Appeal from Lirm District Court. — F. O. Ellison, Judge. Plaintiff seeks to recover a commission of $1.00 per acre for lands sold by the defendant to one Anderson, and the claim is based upon an agreement that such commission shall be paid the plaintiff for “following up work and closing land deals with customers,” Anderson being one of the customers referred to. In the alternative, appellant claims that, if not entitled to a commission under the contract, defendant breached the contract, and appellant should be allowed the same amount as said commission, as damages for breach of such…
1Opinion of the CourtSalinger, J.
I. Appellant contends that, under his “contract,” he is entitled to recover $320, though he never reached Anderson, and never closed with him. We need give no consideration to the original contract between the parties. In that contract, it is especially provided that no commission shall be paid for soliciting, where another agent sends or brings the buyer. Under it, the commission is “for sales made.” It provides for a larger compensation than plaintiff claims, and for one that is fixed by the supplemental contract only. The petition states that the original contract provides commission for…
2Cases cited6 opinions
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916
- In re Trusteeship of ClarkSupreme Court of Iowa · 1915
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Sater v. Burlington & Mount Pleasant Plank Road Co.Supreme Court of Iowa · 1855
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3Cited by2 opinions
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