124 Iowa 61 | Iowa | 1904
In the fall of 1900 the defendant listed with plaintiffs a half section of land, situated in Kossuth
These rules are often stated in different language, but the decisions affirming them in principle seem to be uniform. The agent only finds the purchaser by being the means of furnishing him to the principal as a buyer to whom the sale fiiight have been made but for the principal’s perversity, and the cases cited by appellees go no further than to hold that such perversity, i. e., refusal to sell as proposed, will not defeat the right to recover the agent’s commission as stipulated. Cassady v. Seeley, 69 Iowa, 509; Ford v. Easley, 88 Iowa, 603; Bird v. Phillips, 115 Iowa, 703, merely holds that a written agreement with the proposed purchaser is not essential. A purchaser ready, able, and willing to buy on the seller’s terms was proffered, and this was held sufficient, in the absence of a written agreement. Surely. a purchaser has not been found unless the agent has been the means of procuring a person who has either bound himself in writing to buy, and advised his principal of the fact, or who has indicated his readiness to consummate the purchase to the only person who can sell. In the instant ease, Seymour had obligated 'himself in writing, and was such a purchaser as defendant might require, but he was not found to the defendant until the latter was advised of his readiness to take the land. Until a buyer who has obligated himself to .purchase, or is ready to do so, has been proffered in some way by the agent to his principal, the contract to find a purchaser has not been fulfilled. These principles are well expressed in Hayden v. Grillo, supra: “ This contract on the part of a broker is complete when he
Points raised in the motion for new trial are not considered, for the reason that the motion was not filed within the time required by law.— Reversed.