102 Iowa 140 | Iowa | 1897
— The petition contains two counts, although recovery is sought upon but one. The first count alleges that the defendant employed the plaintiff, by verbal agreement, to sell or trade three hundred and sixty acres of land described, which were owned by the defendant, at the price of thirty-five dollars per acre; that the defendant a,greed to take in part payment for his land one hundred and sixty acres of good land lying anywhere within four or five miles of Charter Oak, in Crawford county, which was reasonably worth thirty-five dollars per acre, and would rent for from two dollars and fifty cents to two dollars and seventy-five cents per acre per annum, and the remainder of the price of his land, after deducting incumbrances, was to be secured by mortgage bearing seven per cent, interest, and that for making such a sale or exchange the defendant agreed to pay the plaintiff a commission of two hundred dollars. The count further alleges that the plaintiff made a trade of the land of the defendant, on the terms authorized, with one Anton Jobgen, who was to give one hundred and sixty acres which he owned, within three miles of .Charter Oak, in part payment for the land of the defendant; that the defendant was satisfied with the Jobgen land, but refused to carry out the trade on his part, and refused to pay the plaintiff his commission. The second count seeks a recovery on the same transaction for the reasonable value of the services alleged to have been rendered by the plaintiff. The answer
VI. Other questions presented in argument are disposed of by what we have already said, or are not likely to arise on another trial. For reasons shown, the judgment of the district court is reversed.