147 Iowa 474 | Iowa | 1910
There is no evidence that possession of the land to which this action relates was ever delivered to plaintiff, or that any payment of purchase price was ever made, and it was necessary, therefore, that the contract be established as a contract in writing. There were preliminary negotiations between John W. Botts, who was the sole vendor, and will be referred to hereafter as defendant, and one Leach, a real estate agent, • during which Leach sought to secure from defendant a price on
It is a matter of common knowledge that executory contracts for the ■ sale of real property usually contain terms as to the time of payment of the consideration in a lump sum or by installments, the time of surrender of possession, the payment of the expense of furnishing an abstract, and similar matters. While it is true that an unequivocal present agreement of sale of specific property for a definite price would be valid without statement as to other conditions, all of which would in such event be determined by recognized rules of law, nevertheless we think the universally known usage to state such terms in a written contract may be taken into account where the language of the writings relied upon to constitute a contract leaves room for doubt as to whether the parties intended and understood that such writings should constitute a complete and binding contract of sale. Conceding for the present that Leach was acting as agent for an undisclosed principal and not as defendant’s agent, it is still a matter of doubt in our minds whether the telegrams above set out amounted to more than an inquiry whether it would be worth while for the prospective purchaser to propose a definite contract of sale on the basis of a consideration of $9,650, and whether defendant did more than to express his willingness to enter into negotiations on that basis. It is to be noticed that defendant did not say simply, “Yes,” or “Proposition accepted,” but used the words “Will accept,” which at least suggest an understanding on his part that a contract with that consideration stated in it would in that respect be satisfactory. The conduct of plaintiff on the receipt of de
On receipt of the contract in duplicate, defendant at once refused to execute it, not only on the ground that Leach had deceived him-into believing that the price named was the highest price that could be secured from the prospective purchaser, and that Leach was attempting to get a commission of $150 without defendant’s 'being consulted in that matter, but also on other grounds relating to the
A motion submitted with the case to strike parts of appellee’s reply is overruled.
The decree is reversed, and the case is remanded to the lower court for a decree dismissing plaintiff’s petition; or, at defendant’s election, he may have such a' decree in this court. — Reversed.