125 Iowa 533 | Iowa | 1904
The following facts are conceded: The defendant authorized plaintiff to sell a tract of land in Scott county, Iowa, agreeing to pay a commission of 3 percent. in case a sale was effected. The price and terms of sale were not expressed, but were left, for future adjustment. Plaintiff introduced to defendant as a prospective purchaser one Haenitsch, a resident of Illinois. After some negotiation defendant and Haenitsch entered into a written agreement dated June 9, 1902, by which the latter agreed to purchase the land and pay therefor $9,600 on or before the 1st of July, 1902, upon the delivery to him of deed and abstract showing good title in the seller. It was conditioned, however, that, if the purchaser had no more than $8,000 in money when the deed was delivered, he should be given time on the remainder until March 1, 1903. The plaintiff, by his' pleadings, alleges that Haenitsch was ready, able and willing to complete the purchase of the land according to' contract, and would have done so had defendant complied with the agreed terms on his part. The defendánt denies the plaintiff’s claim. He alleges that at the time agreed upon he executed and tendered a deed to Plaenitsch in accordance with the terms of the contract, but the latter refused to accept the conveyance or pay the money, and that plaintiff wholly failed to produce any purchaser who was ready, able, and willing to take the land at the price demanded.
After a careful investigation of the record, we are of the opinion that the ruling of the court below was right, and that a verdict in plaintiff’s favor would have been without substantial support. He alleged and was bound to show that the purchaser was ready, able, and willing to perform. Tt appears without conflict that the alleged purchaser resides beyond the jurisdiction of the courts of this State, and, while he says that at the date agreed upon for the delivery of the deed he had $8,000 with which to make the cash payment, there is no evidence tending to show that he owns or has any property out of which a judgment for the purchase price could be enforced. In short, the evidence clearly shows that'he was not willing to consummate the purchase,
It is urged in argument that the purchaser was at the bank on July 5, 1902, ready to complete the purchase, but failed to do so because the defendant had directed the bank to collect the full purchase price of the land, and gave no directions to allow him any time for payment of the excess over $8,000. The .claim is not well founded. The purchaser had not notified defendant of his purpose or desire to take advantage of this option, and defendant had neglected to mention that feature of the contract to the bank. On being notified, he immediately sent word to allow the claim and accept the $8,000. The delay, if any, thus occasioned did not serve in the least to release Ilaenitsch from his contract. But it is not true that this circumstance caused any delay. Ilaenitsch at the same time refused to receive the deed upon the groundless objection already mentioned, and caused it to be returned for correction, and the
The judgment of the district court is affirmed.