154 Iowa 728 | Iowa | 1912
The plaintiff is a real estate agent, doing business at Newton, Iowa. He alleges that in February, 1909, the defendant, being the owner of certain realty, in the town of Packwood, Iowa, solicited plaintiff to negotiate for him a trade or exchange of said property, and that thereafter plaintiff reported to defendant a probable opportunity to effect such exchange for land in Minnesota, being a quarter section in Stevens county of said state, owned by one Warner, who was a resident of Newton. Plaintiff further alleges that, upon making such report, defendant promised and agreed that he would pay plaintiff a commission of $200, should he succeed in effecting the exchange, and that, acting upon such authority and pursuant to such agreement, he did on or about March 1, 1900, effect such
Defendant admits, however, that he requested plaintiff to find a customer with whom plaintiff could arrange a satisfactory exchange, and admits that plaintiff was instrumental in bringing about an exchange for Minnesota land with the said Warner. Defendant further alleges that as an inducement to said exchange, he, plaintiff, represented that he was personally acquainted with the said Minnesota land; that it was reasonably worth $40 per acre, and could all be profitably farmed; that all of it was under cultivation except a field of ten acres which was seeded to timothy and clover; that the buildings on the land would cost $1,500 to construct, and were insured for $800, and that the farm had many other desirable improvements and features which need not be enumerated in this opinion. Defendant further alleges that he himself had never seen the land, but, believing and relying upon the statements made by the plaintiff, he assented to and made the said exchange. Defendant further alleges that in truth and in fact said land was at that time worth not to exceed $20 per acre, that about sixty acres of the same were infested by a growth of quack grass, a noxious weed or plant which it is practically impossible to eradicate from the soil; that from ten to fifteen acres thereof were a bed of sand wholly unfit for argicultural purposes; and that a pond of water covers another area of about three acres. In still other respects, which we shall not enumerate, it is alleged that said farm was not. as represented by the plaintiff, all of which was unknown to the defendant, .and, had he known the truth as to the real condition of the land, ho would not have made the exchange. By reason of the foregoing he says the plaintiff was guilty of
Of course, if it were shown that defendant failed to make the proper indorsement, and negotiated the note before due to an innocent purchaser, thereby making plaintiff liable to such purchaser for the full amount undiminished by such payment, a cause of action for the damages so sustained would arise in plaintiff’s favor, but no such state of facts is pleaded or proved. As it stands, stated in its most favorable aspect for the plaintiff, he shows that he undertook to perform certain service for the defendant at the agreed compensation of $200 to be applied as a payment on his note held by the latter, and that he did perform the service. In other words, he shows that he has paid $200 on a certain note held by the defendant, and there is neither claim nor evidence that the benefit of such payment has in any manner been lost to him. In response to this objection, counsel for appellee say, in substance, that he certainly had a right of action in some form for the recovery of his commission, and, if appellant had any objection to the form of action chosen
Numerous other points are presented and argued, but, as those already considered necessitate a reversal of the judgment below, we think it unnecessary to extend this opinion for their discussion. Several of the objections urged in argument are governed by the conclusions announced in the first and second divisions hereof, while others are likely to be- avoided in the further progress of the cause. — Reversed.