168 Ind. 29 | Ind. | 1906
This action was brought by appellee to recover compensation for services rendered in connection with tbe sale of real estate. Tbe complaint was in a single paragraph, to which an answer in five paragraphs was filed. Appellee’s demurrer to the second, third and fourth paragraphs of answer was sustained. The first paragraph of answer was a general denial, and the fifth alleged a revocation of appellee’s authority to sell the land involved.
“Watseka, Illinois, June 12, 1902.
M. L. Galbreath,
Columbia City, Indiana.
Dear Sir: I understand you have a farm of 400 acres near Collins Station, Indiana, at $37.50. If so, and there were the customary $1 per acre for me, I may be able to get you a buyer. I would not buy it myself, as I have already bought a half section just north of Collins for much less per acre. Write me best price and terms, also add $1 per acre for my commission if you wish me to get you a buyer.
Yours truly,
John S. Darrough.”
Said letter was duly received, and on June 14, 1902, appellant sent to appellee the following letter:
Mr. John Darrough,
Watseka, Illinois.
Dear Sir: We herewith enclose rough sketch of the farm in question, which will give you a good idea of its location with reference to your farm in the same locality. We think this farm is a good bargain at the nominal figure of $37.50 per acre. At this price we would let the crops now growing on the farm go with it, provided the deal can be made before we have to look after the harvesting. There are nearly thirty acres of good wheat, twenty-five acres of corn planted, and quite a lot of oats. There will be over 'fifty tons of hay to be made. The wheat and oats are to be threshed and put in barn (landlord’s share is one-half), the hay is to be made and put in barn, but the corn is to be cut and shocked and the same is to be divided half and half on the ground. There are three barns, two good houses, a poor tenant house, a fine hog house, plenty of corncrib room, and good water. In fact it is a fine farm and will bear close inspection. There is some rough land on it and about sixteen or eighteen acres of muck of the same kind which your farm has. It is well watered, and located in a fine neighborhood, near good school and churches. The enclosed diagram will show the roads and the exact description of the farm, with its relative position to the roads. The railroad barely touches it, making less than eight rods frontage on the road. We will give a perfect merchantable title, as shown by an abstract of the same, a warranty deed, and will pay all taxes payable and collectible in the year 1902. While it seems to us a liberal commission at $1 per acre, we will allow it in order to close the deal. We will pay the expenses of livery hire in the examination of the land for all customers that you may bring or send to us. Trusting that you may find it to your interest to push the matter along as speedily as possible, we remain,
Respectfully yours,
Provident Trust Co.
M. L. Calbreath.”
“July 27; 1902.
Mr. M. L. Galbreath,
Columbia City, Indiana.
Dear Sir: As I came home I stopped off at Sheldon and had a talk with Mr. Culver. He said he liked the farm fairly well, but it has lots of hard work to be done, and he said you wanted six per cent on loan on deferred payments. A straight five per cent five-year loan commands a premium here, so I wish you would either make the terms one-half cash and five per cent on deferred payments or one-half cash and you make the loan at five per cent at five years. It would help the chances of sale very much.
Hoping we may be able to sell the farm, I am,
Truly yours,
John S. Darrough.”
This letter was duly received, and on August 1, 1902, appellant, by its said general manager, replied as follows:
Watseka, Illinois.
Dear Sir: Mr. Culver spent two days here this week and we made a thorough examination of the big farm, and the truth is that he likes the farm very well, but thinks there is too much work to be done.for one so old as he, and for that reason we have no hopes of making a sale to him. Besides this, some of the heirs are of the opinion that we have quoted the land too low and that it must net them $35. This is the price at which we quoted the land to Mr. Culver, and we will be compelled to make it net the heirs that amount. If you still desire to assist us in the sale and think you can make it go at enough over $35 to pay you for your trouble, you are at liberty to proceed, but if we will have to allow a commission on the bill at the nominal figure of $35, we will be compelled to revoke all former arrangements on this tract. We will divide with you on all other lands. We are,
Respectfully yours,
M. L. Galbreath.”
About August 1, 1902, Culver again came and examined the farm, but did not buy; and, on October 1, 1902, appellant’s said general manager wrote inviting him to come to Whitley county and examine other lands which appellant had for sale. In response to the invitation, Culver came and examined other lands, but was not pleased, and requested another examination of the DeVault farm. After again looking the land over, and before returning, he bought the farm at $35 per acre without the crops; and has paid the purchase price in accordance with the terms of the purchase. After such sale to Culver, on or about October 10, 1902, appellee demanded of appellant the sum of $400, as his commission for securing and sending a purchaser for said farm, but appellant refused payment, and has not paid the same. On October 15, 1902, appellant, by its general manager, wrote appeílee the following letter:
Mr. John Darrough,
Watseka, Illinois.
Dear Sir: Erom the contents of your favor of the 14th instant we infer that you must refer to my letter addressed to you on June 14, but in order that you may be set right it will be necessary again to read our communication bearing date of August 1, wherein we revoke all former arrangements concerning the sale of the land in question. Trusting that your sense of honor will direct you aright in this matter, we remain,
Respectfully yours,
M. L. G-albreath.”
Culver was procured to come and examine the farm wholly through the efforts of appellee, and no one else had anything to do in opening negotiations with him for the purchase of the land; and appellee was the efficient cause in securing a purchaser for, and consummating a sale of,-said farm. Upon these facts the court stated as conclusions of law, that there had been no rescission of the contract,-and that appellee was entitled to recover of appellant the sum of $400, with costs of suit.
Eo error appearing, the judgment is affirmed.