120 Iowa 381 | Iowa | 1903
In the petition it is alleged that an oral agreement was entered into between plaintiff, a real estate dealer, and defendant, the owner of an eighty acre farm in Webster county, whereby plaintiff was to find a purchaser for such farm, and for his services in that behalf was to have a sum representing the excess in selling price over and above $47 per acre. It is further stated that the terms in respect of payment of the purchase price upon which defendant would sell were not definitely stated or
We have repeatedly held that where an agent is employed to make a sale of real estate, his right to compensation is fixed when he has furnished a customer who is able, ready, and willing to purchase on the terms prescribed by the owner of the property. Ford v. Easley, 88 Iowa, 605; Blodgett v. Railway, 63 Iowa, 609. To entitle the agent to recover, it is not necessary that he show that a sale was consummated. In this case it is contended by appellee — and such seems to have been the thought of the trial 'court — that no recovery can be had for the reason that by the agreement between plaintiff and defendant the terms of sale were not definitely stated, and, defendant having reserved the right to dictate terms in case a purchaser should be found, he might lawfully refuse to sell altogether, in which event no commission could be claimed. With this contention, as a whole, we canjnot agree, What was to be the rate or amount of commission paid in case a
The judgment is reversed and cause remanded for a new trial. — EeVKRSed.