98 Iowa 405 | Iowa | 1896
The real question in the case, is whether plaintiff’s right to his commission was dependent upon the carrying out of the written contract between defendent and Buckingham, or its being capable of enforcement by defendant, or whether he became entitled to the same when he procured a purchaser, who entered into a contract for the purchase
The law is settled in this state that, to entitle plaintiff to his commission under the contract, he must find a purchaser who is able and willing to make the purchase and complete the contract. Dent v. Powell, 93 Iowa, 711 (61 N. W. Rep. 1043); Cassady v. Seeley, 69 Iowa, 510 (29 N. W. Rep. 432); Blodgett v. Railway Co., 63 Iowa, 609 (19 N. W. Rep. 799); Ford v. Easley, 88 Iowa, 605 (55 N. W. Rep. 336); Iselin v. Griffith, 62
The court instructed the jury that “plaintiff would be entitled to his commission, upon the defendant’s making a contract with James Buckingham for the sale of the property of the defendant upon terms and conditions that were satisfactory to the defendant,” and the fact that the contract was not-carried out would not defeat plaintiff’s right to recover. Plaintiff’s contract to dispose of said property was not executed by finding one who would enter into a contract for its purchase in the manner and on terms agreeable to the defendant. It seems to us that the contract of the parties contemplated a completed sale and transfer of the property, or the making of such a contract of sale as was enforceable. Owing to the inability of the defendant to make title, the sale was never fully consummated. Counsel for appellee rely upon Burns v. Olyphant, 78 Iowa, 456 (43 N. W. Rep. 289); Francis v. Baker, 45 Minn. 83 (47 N. W. Rep. 452); Potvin v. Curran, 13 Neb. 302 (14 N. W. Rep. 400), and other like cases. In the last case it appears that a sale was made and a portion of the purchase price paid; but for some reason, which does not clearly appear, it was never fully consummated. It would seem that the reason that it was not completed, was the fault of the seller. In Francis’ Case, the doctrine is recognized that, to earn his commission, the agent must procure a purchaser who is “ready, able, and willing” to buy on the proposed