153 Iowa 661 | Iowa | 1912
The defendant was the owner of a farm in Linn county, Iowa, which he wished to sell. He listed it with several agents, among whom was one of the plaintiffs herein, Kruse. He agreed with Kruse that he would pay him a dollar an acre if he found a purchaser for the farm, but also stated to him that the first man who brought a buyer would get the commission. This agreement with Kruse was made some time in August, 1909. Kruse was a real estate agent, who lived in Alburnett, where the defendant also lived. The plaintiff, Bishop, lived a little ways from Alburnett, and was a farmer, who had moved to Linn county from Illinois that spring. Jesse Hall was a farmer from Illinois, who lived some nine or ten miles from Alburnett. Hall and Bishop became acquainted after they both came to Linn county. About two weeks after they first met, Hall and his wife visited Bishop’s family at their home near Alburnett. This visit was about September 12, 1909. During the visit, Bishop and Hall talked
Kruse & Bishop are not entitled to a commission from the defendant unless 'they were the efficient procuring cause of the sale. Boyd v. Watson, 101 Iowa, 214; Hunn v. Ashton, 121 Iowa, 265; Monson v. Carlstrom, 141 Iowa, 183; Gilbert v. McCullough, 146 Iowa, 333.
On no theory can it be said that these brokers were the efficient procuring cause, unless it be found that Hall was their subagent, and this for the reason that, if Hall acted independently of them, their rights were not invaded, because they did not have an exclusive agency. Hall could not become the subagent of the plaintiffs without an agreement on his part, and there is not a particle of evidence tending to show that he ever consented or agreed to so act. The mere fact that Bishop told him that Kruse had the land for sale is of no consequence. Hall went directly to Hauser and learned from him that Kruse did not
The judgment is reversed, and the case remanded, with instructions to the trial court to render a judgment for the defendant in accordance with this opinion. — Reversed and remanded.