88 Iowa 603 | Iowa | 1893
In April, 1890, the defendants owned a part of two lots in Sioux City, having a front of twenty-one and three-sevenths feet, on which there was a mortgage to secure an indebtedness of four thousand, eight hundred dollars. One-half of that amount was due on the seventeenth day of the next month. They authorized the plaintiff to sell the property for four hundred dollars per front foot, the purchaser to assume two thousand, four hundred dollars of the mortgage debt, and pay three thousand dollars in cash, and the remainder in one and two years. The plaintiff was to receive, for his services in effecting the sale, whatever he should obtain in excess of four hundred • dollars per front foot. He claims that on the nineteenth day of May, 1890, he effected a sale, on the terms, of payment he was authorized to make, for the price of four hundred and twenty-five dollars per front foot, and seeks to recover as commission on the sale the sum of five hundred and thirty-five dollars and seventy-one cents.
The defendants claim that the plaintiff w^s authorized to sell the property for the purpose of providing funds with which to meet the part of the mortgage debt which matured on the seventeenth day of
In reply the plaintiff states that, after the seventeenth day of May, and before the property was sold to Mrs. Easley, the defendants were informed that the plaintiff was about to make a sale, and directed him to complete it if possible, and that, after being so directed, he made the sale as alleged. The jury found that plaintiff is entitled to the compensation claimed, and judgment was rendered for that amount.
What we have said disposes of the controlling questions in the case. The judgment of the district •court is AFFIRMED.