Metcalf v. Kent
Supreme Court of Iowa
Appeal from Sac District Court. — Hon. Z. A. Church, Judge. Action upon a written contract to recover commissions for the sale of real estate. Defendant answered, admitting the execution of the contract, and alleging that it was without consideration; that plaintiff failed to perform his part, and that a full settlement had been made with plaintiff.
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Appeal from Sac District Court. — Hon. Z. A. Church, Judge. Action upon a written contract to recover commissions for the sale of real estate. Defendant answered, admitting the execution of the contract, and alleging that it was without consideration; that plaintiff failed to perform his part, and that a full settlement had been made with plaintiff. At the conclusion of the evidence, the court, on a motion of the plaintiff, directed a verdict for plaintiff, for the amount claimed, and rendered judgment thereon. Defendant appeals.
1Opinion of the CourtGiven, J.
1 I. The written contract sued upon is as follows: Contract good until Dec. 1,';95. Contract to Sell Land. This agreement, made and entered into this eighth day of June, A. D., 1895, between W. M. Kent, party of the first part, and C. R. Metcalf, party of the second part, witnesseth: First party hereby gives second party the exclusive right to sell his farm, situated as follows: N. E. quarter of Sec. 26, and1 east one-half of the N. W. quarter of Sec. 26 — 87—35, Sac county, Iowa, .and upon the following terms and conditions: Two- thousand, five hundred dollars' or three thousand dollars…
2Cases cited2 opinions
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Whitehill v. WilsonSupreme Court of Pennsylvania · 1832
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- Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Hutchinson v. Dobson-Bainbridge Realty Co.Court of Appeals of Tennessee · 1946
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