Fawley v. Sheldon
Supreme Court of Iowa
Appeal from, Linn District Court. — Milo P. B.yiitii, Judge. Action to recover commission on the sale of real estate. There was a trial to a jury and a verdict and judgment for plaintiff. Defendant appeals. —
1Opinion of the Court
Preston, J.,i. pleading: issue, proof and variance: bro-leers: “to find ^to'c seif”” The petition alleges that defendant was the owner of a stock of hardware, and verbally agreed to pav plaintiff ’ ■’ ° x . x the smu °f $150, as a commission, if plaintiff would find a purchaser to whom said stock might be sold; that,- pursuant to such agreement, plaintiff did find and procure one Miller as a purchaser, and said stock was sold to Miller. Defendant denied all allegations of the petition.
Appellant contends that plaintiff declared upon an oral agreement to find a purchaser, and that the proof…
2Cases cited11 opinions
- Blodgett v. Sioux City & St. Paul R'y Co.Supreme Court of Iowa · 1884
- Rounds v. AleeSupreme Court of Iowa · 1902
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
- Ford v. R. Holt Easley & Co.Supreme Court of Iowa · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ducummon v. JohnsonSupreme Court of Iowa · 1951