Legal Opinion

Ingold v. Symonds

Supreme Court of Iowa

Decided May 11, 1904PublishedCited by 21 opinions

Appeal from Cedar Rapids Superior Court.— Hon. J. H. Roti-irock, Judge. Action at law to recover damages for breach of a contract, whereby it is alleged defendants constituted plaintiff their'sole agent to procure a purchaser for a tract of land owned by them. The case was tried to a jury, resulting in a verdict and judgment for plaintiff in the amount of the commission he would have earned had he found a purchaser under the contract. Defendants appeal.

1Opinion of the CourtDeemer, C. J.

Defendants, or one of them, at one time owned a tract of land in Linn county, Iowa. They applied to the plaintiff, who was a real estate and loan agent, to secure them a loan upon the premises. This he did in the sum of $2,800, and it was agreed that he should have 1 per cent, commission, or $28, for his time and trouble in negotiating the loan. Defendants having intimated that they would sell the land, plaintiff proposed that, if they would give him “ the sale of the farm,” he would forego his right to compensation for negotiating the loan. This proposition was accepted by the defendants,…

2Cases cited2 opinions

  1. Dole v. SherwoodSupreme Court of Minnesota · 1889
  2. Golden Gate Packing Co. v. Farmers' UnionCalifornia Supreme Court · 1880

3Cited by21 opinions

  1. Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
  2. Smith v. SharpeSupreme Court of Alabama · 1909
  3. Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
  4. Roberts v. HarringtonWisconsin Supreme Court · 1918
  5. Gilbert v. McCulloughSupreme Court of Iowa · 1910

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