Calkins v. Alley
Supreme Court of Iowa
Appeal from Polh District Court. — Hubert Utterback, Judge. Action at law to recover certain commissions claimed to be due plaintiff as the agent of defendant, and also to recover the proceeds of certain land which plaintiff claims he had purchased from defendant on written contract, and which defendant after-wards sold to another. Trial to the court, without the intervention of a jury. Judgment for plaintiff on certain of his claims, and against him on others.
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Appeal from Polh District Court. — Hubert Utterback, Judge. Action at law to recover certain commissions claimed to be due plaintiff as the agent of defendant, and also to recover the proceeds of certain land which plaintiff claims he had purchased from defendant on written contract, and which defendant after-wards sold to another. Trial to the court, without the intervention of a jury. Judgment for plaintiff on certain of his claims, and against him on others. Both parties appeal. —
1Opinion of the CourtFaville, J.
— I. Plaintiff is designated as “appellant,” and defendant as “appellee;” but, for convenience, we shall refer to them as “plaintiff” and “defendant.” The plaintiff’s petition is in four divisions or counts, one of which contains three different items upon which recovery is sought.
At the time of the transactions referred to, the plaintiff was a resident of Dickinson County, Iowa, and the defendant was a resident of Hale County, Texas. Plaintiff was a real estate agent, and the defendant was engaged in the cattle business, *1181farming, and dealing in real estate in Texas. Defendant had made…
2Cases cited12 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Greusel v. DeanSupreme Court of Iowa · 1896
- Hamilton v. Iowa City National BankSupreme Court of Iowa · 1875
- Ball v. DavenportSupreme Court of Iowa · 1915
- Nutting & Co. v. KennedyCourt of Appeals of Georgia · 1915
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3Cited by2 opinions
- Davis v. KnightSupreme Court of Iowa · 1948
- Greenway v. MaynesSupreme Court of Iowa · 1923