156 Iowa 376 | Iowa | 1912
The defendant is a corporation with its principal place of business in Omaha, Neb. It maintained an office at Odebolt, in this state, from November, 1909, until May, 1910, with. F. A. Stroup, its vice president,
The defendant admitted having. employed plaintiff, and that it agreed to pay $2 per acre for all lands sold after December 2, 1909, “to parties who were actually brought to the defendant by the plaintiff, . . . where the plaintiff should himself or jointly with the defendant procure said purchaser to sign a contract for the purchase of the land sold by the defendant to such purchaser at the price and on the terms for which said land was listed with the plaintiff for sale at the same time that such purchaser was brought to the defendant by the plaintiff,” said commission to be paid “on the settlement of the -sales made to ‘purchasers.’ ” The defendant admitted the services rendered in the sale to Hoefft & Son, but averred there to have heen 155.97 acres only, admitted services rendered in the sale to Wagner, but averred that this happened prior to December 2, 1909, and that plaintiff was to receive one percent of the purchase price of the acreage above that of
II. John G. Wagner entered into a contract for the purchase of 375.62 acres April 7, 1910. That this sale was through plaintiff’s agency is not questioned, but it is corn tended that, owing to previous negotiations, plaintiff was entitled to one percent of the price, instead of $2 per acre. Wagner had contracted with Cook for the same land November 20, 1909, subject to defendant’s approval, and, had such approval been given, the compensation of plaintiff would
As there is some conflict of opinion as to what the commissions should be to agents on the'sale of the ‘Brookmont lands’ arrangements have been made with you by Mr. Cook on a former deal as to what the commissions should be, and this same arrangement was attempted to be endorsed later when we took up the sale of the land, and as the rate then made and agreed upon is conflicting with the rate made to Eastern agents, and is not appearing to be satisfactory with local agents, we have determined to cancel the arrangement formerly made and make a flat rate of $2.00 per acre as commission to agents on the sale of the ‘Brookmont Lands.’ The commissions will be due and payable on the settlement of all sales; for instance — after a purchaser signs a proposition and prrts up earnest money with the' contract to settle the balance cash required on the first payment March 1, 1910, then the commission's will be due and payable on that settlement, but where a purchaser settles at once and pays the cash required that otherwise would be due March 1, 1910; and the contract is made jointly between Mr. Cook and the purchaser and signed up, in that event your commissions are due on that settlement. Now I hope this is entirely satisfactory to you and you have said it would be, and that you -would push the work to the uttermost. I have adjusted this commission on a basis that I thought was right, and with the idea in view that it would promote business 'and encourage you to get out after the business, and I believe- it will, and I hope you will not disappoint me. The above arrangement applies to business from now on; that is, on all propositions that are closed from this date. No commissions will be allowed to an agent unless he brings the customer and closing is had at that time.
The deal with Wagner was not closed until long thereafter, and by the express provisions of this letter it applies thereto, and plaintiff is entitled to commission on the basis
The term “earnest money” is used as synonomous with “first payment,” not in a technical sense, and the letter clearly explains that by “settlement of all sales” was meant the full payment of the portion of the purchase price to be paid in money, whether this were at the time of signing the contract subsequently to be executed or in part at that time and the remainder when it should be consummated. Reverting to the several transactions, we find that Hoefft & Son paid $1,005.95 down, and were to pay $5,000 January 1, 1911, and then execute mortgages securing the same. Wagner paid $4,000 when the contract was signed, and was to pay $650.50 and execute mortgage security January 1, 1911. Plainly enough, the commissions for finding these purchasers had not matured when judgment was entered,
The isue as to whether Coon was presented by plaintiff to defendant as a prospective purchaser of the tract last bought by him, whether negotiations for the purchase were then begun, and the sale effected in pursuance of negotiations so begun, were issues which should have been defined in the instructions to the jury.
V. The defendant agreed to pay plaintiff’$2 per acre for the difference in acreage between lands contracted to and received from Huldeen, and this amounted to $236. The
, Stewart fixed the price for which the land might be sold and sale at such price was subsequently confirmed by defendant. This undoubtedly ratified whatever representations Stewart made to Weitzel (Eadie v. Ashbaugh, 44 Iowa, 519; Campbell v. Park, 128 Iowa, 181) but affords no ground for inferring an approval of Stewart’s statement to Schmitz, not necessarily involved in selling.
Nor was-the error in ruling otherwise waived by cross-examination on the, subject. The evidence having been erroneously admitted, it was permissible to destroy its per