16 S.D. 465 | S.D. | 1903
This action, by a real estate agent against the owner of 320 acres of land to recover a commission for procuring a purchaser thereof, resulted in a judgment in favor of the plaintiff for the full amount claimed, and the defendant appeals. Respondent states the contract, and alleges a breach thereof in the complaint as follows: “(1) That on or about the month of October, 1900, the defendant employed the plaintiff to find for and furnish to him a purchaser of and for the east half of section 10, township 105, range 50, being 320 acres of land in Moody county, South Dakota, of which the defendant was then the owner, at $27 per acre; $4,500 of the purchase price to be paid in cash, and balance to be settled by purchaser’s note, at 6 per cent, annual interest, secured by mortgage on said lands; such payment to be made and note and security to be executed and delivered to the defendant upon his executing and delivering a warranty deed containing the usual covenants, and an abstract showing good title in him; and promised
Respondent, after stating that he was engaged in the real estate business at Dell Rapids, and was acquainted with appellant, testified, in substance, as follows: “I had a conversation with him about finding a purchaser for him for that land last fall, It was on his farm. It was about the 20th of October. It was about ten days previous to the time I afterwards saw him there with Mr. Leuning. I asked about his place, and told him he was getting it fixed up pretty good. I said: ‘Do you want to sell this place?’ He said: ‘Yes.’ I asked what he wanted for it. He said twenty-six dollars an acre. I then said: ‘If I sell it for twenty-seven dollars, will you give me the extra dollar?’ He said: ‘Yes, sir.’ Afterwards I took a Mr. Leuning out to the farm, and introduced him to Mr. Arent. I drove up there, and he was working in the house. I gave the lines to the other man. I said: ‘Mr. Arent, I have got a customer for your place.’ You come out-and 1 will introduce him, andyoushowhimtheplace. SoMr. Arentcameoutaud.
Mr. Leuning corroborates respondent in all that took place upon this occasion, and concerning his negotiations with appellant at the farm states: “I talked-with him about the price and terms. He wanted $27 an acre and I asked him if he was satisfied with $4,500 cash. He said, ‘Yes.’ He said there were two mortgages, and he was to take a second mortgage. I was to assume the mortgages on the place, and give a second mort
It thus appears, from the evidence offered on behalf of respondent, that appellant assured Mr. Leuning upon his first visit that he could furnish a perfect title, and nothing was said
A careful review of the record discloses no error, and the judgment apealed from is affirmed.