Call v. Hamilton County
Supreme Court of Iowa
Appeal from Hamilton District Oowrt. Action for services in assisting the defendant in mating sales of lands. The plaintiff’ avers, in substance, that in 1880 the defendant was the owner of certain so-called indem-nitj swamp lands; that it employed him through its agent, one Baxter, to find a purchaser for the lands; that he did find such purchaser, and negotiated a sale, which was adopted- and completed by the defendant; and that his services were reasonably worth $356.71.…
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Appeal from Hamilton District Oowrt. Action for services in assisting the defendant in mating sales of lands. The plaintiff’ avers, in substance, that in 1880 the defendant was the owner of certain so-called indem-nitj swamp lands; that it employed him through its agent, one Baxter, to find a purchaser for the lands; that he did find such purchaser, and negotiated a sale, which was adopted- and completed by the defendant; and that his services were reasonably worth $356.71. The defendant demurred to the petition upon the ground, in substance, that it does not show that the sale was authorized…
1Opinion of the CourtAdams, J.
We think that the petition shows a cause of action and that the demurrer should have been overruled, i. couiror: power to employ agent to sell sw$mp lands. It may be true, as the county contends, that it , . has no power to employ an agent to sell its lands, ™ ° But the plaintiff was not employed for that purpose, but quite a different one, and that was to find some one who wanted to buy, and to whom the county through its officers could sell. He might have had, and doubtless did have, greater facilities for finding a purchaser than the county officers had, and was employed for that very…
2Cases cited1 opinion
- Wilhelm v. Cedar CountySupreme Court of Iowa · 1878
3Cited by6 opinions
- Chase v. Board of County CommissionersSupreme Court of Colorado · 1906
- Disbrow v. Board of SupervisorsSupreme Court of Iowa · 1903
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
- Tyler v. WoernerCourt of Appeals of Kentucky · 1914
- County of Hawaii v. PurdyHawaii Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.