Legal Opinion

McPike v. Siver

Supreme Court of Iowa

Decided December 19, 1914PublishedCited by 6 opinions

Appeal from Cedar Rapids Superior Court. — Hon. C. B. Bobbins, Judge. Action to recover commission for sale of real estate. Demurrer to the petition was sustained. The plaintiff appeals.

1Opinion of the CourtEvans, J.

elusive agency to sell: sale by owner: Uabiiity to agent. It appears from the petition that the defendant employed the plaintiff as real estate agent to sell his farm at an agreed commission of 2% on the selling price. The agency was exclusive for six months. Before the expiration of the time, the defendant himself sold his farm without any aid from the plaintiff. The plaintiff thereupon demanded the agreed commission. The petition is in three counts. It claims the sum of $410 as the commission agreed upon and claims the same amount as damages for breach of contract.' The general grounds of…

2Cases cited7 opinions

  1. Dole v. SherwoodSupreme Court of Minnesota · 1889
  2. Turner v. BakerSupreme Court of Pennsylvania · 1909
  3. Ingold v. SymondsSupreme Court of Iowa · 1904
  4. Metcalf v. KentSupreme Court of Iowa · 1898
  5. Gilbert v. McCulloughSupreme Court of Iowa · 1910

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3Cited by6 opinions

  1. Solid Waste Institute, Inc. v. Sanitary Disposal, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Stromberg v. CrowlSupreme Court of Iowa · 1965
  3. Hedges Co. v. ShanahanSupreme Court of Iowa · 1922
  4. Lambert v. HaskinsSupreme Court of Colorado · 1953
  5. Mitchell v. HaggeSupreme Court of Iowa · 1916

1 more not listed; retrieve them via the Exa API.

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