167 Iowa 252 | Iowa | 1914
The transaction out of which this action arose •occurred in August, 1912. The plaintiff was a resident of Waterloo, Canada. She owned a quarter section of land in Osceola county, Iowa, and desired-to sell the same. Her resident agent was Fred Mayer, who had looked after the land for her for many years, and who, as agent, had sold it to her originally. In pursuance of certain correspondence hereinafter set forth, Mayer purported to sell the land by written contract to the defendant herein. The contract was made in duplicate, and one draft thereof duly signed by the defendant was sent to the plaintiff for her signature. She repudiated the purported contract and refused to sign it. Thereupon the defendant caused the other draft of the contract to be signed and acknowledged by Mayer, as alleged agent of the plaintiff, and filed the same for record.
The correspondence was as follows, the signature of the plaintiff appearing therein as “Fannie”:
Exhibit 1.
Waterloo, Aug. 1, 1912.
Dear Friend: Just received your letter. You will have mine by now. To tell you the truth I was a little disappointed
Sincerely yours,
[Signed] Fannie.
Exhibit 2.
Waterloo, Aug. 9, 1912.
Dear Friend: Yours of the 6th just received. With the same mail also came a letter from a man near there wanting to know if I wanted to sell my farm as he had been told it was in the market and would I take in the neighborhood of $12,000. I wrote him at once telling him I had a friend out there who was looking after it for me, so may not be troubled with him again. Now Fred, I do think the way things are going and good crops I ought at least to get $12,000. Don’t you think if you hold out a little longer I would get thát ? In case I am offered the $12,000, I mean from some one else, should I take it ? I bought through you and really would like to sell through you. At the same time, if I were offered that it seems to me I ought to take it. I really believe Fred, you will get your $12,000, if you hold out a little. I am willing to wait but of course as you say the plowing must soon be done. Let us hope for the best and let me hear again.
[The balance of the letter is about social matters, and not necessary to set forth.]
Yours as ever,
[Signed] Fannie.
Exhibit 3.
Waterloo, Aug. 11, 1912.
Dear Friend: You will be surprised to hear from me so soon again but I just had an offer for my land from over there
Please excuse this haste. John Schwint is passing through to Bridgeport and will take this.
Yours as ever,
[Signed] Fannie.
Exhibit 4.
Hartley, Iowa, August 10, 1912.
Miss Y. Reichart, Dear Friend: One offer more, one of them offered $12,000, and the income of this year. I told them as I wand the income fer you so I had id. This makes a total of $12,000, and about $500 or $600 fer your share of grain. Now my friend led me know quick if you are satisfied or not if not id will be time to rent id away. And it is quite late to ged a good renter. If you want to come over yourself and not quite ready, I will send contract over and you may sign same or you may led me know by writing and then I can close the deal, as the party have some other farms in his mind, but if you think to keep the farm led me know also, this is the best offer I can ged ad present. You can keep your deed in your hands then you are dead sure for your money on the farm, so I hope to hear of you soon.
Yours,
[Signed] F. Mayer.
Exhibit 5.
Waterloo, Aug. 15, 1912.
Dear Friend: Just received yours of the 10th, evidently the people over there know I want to sell my farm. I had another offer yesterday offering $200 more. Now I want you to sell it and I know you can. Your offer today is $12,000. Now can you make commission out of that, if so, go ahead. I am sure you can get that much more. If you think I better go I will go. Just let me know. Now if I go, which way? and would I gain any time by taking a return ticket. We have had lots of rain lately. Will close now, so you will get soon.
Yours in a hurry,
[Signed] Fannie.
The written contract entered into with the agent was as follows:
This agreement made this Aug. 18th, 1912, between Veronica Reichart, Waterloo, Canada, party of the first part, and Geo. A. Romey, of the county of Osceola, and state of Iowa, of the second part, witnesseth, that party of the first part hereby agrees to sell to the party of the second part on performance of the agreement of the party of the second part as hereinafter mentioned, the following described real estate, situated in the county of Osceola, and state of Iowa, to wit: The southeast quarter of section number three (3), Twp. 98, range, 39, for the sum of twelve thousand dollars, payable as hereinafter mentioned, and the said party of the second part, in consideration of the premises, hereby agrees to and with the party of the first part, to purchase the real estate above described, for the sum of twelve thousand dollars, and to pay the said sum therefor to the party of the first part, his heirs or assigns, as follows: One thousand dollars on the execution of this agreement and the balance of $11,000, as follows, to wit: $2,000 on March first, 1913, on or before, without interest; $9,000 on or before March 1st, 1918, at 5 per cent annual interest; taxes of 1912 to be paid by the first party, and an abstract showing good and perfect title is to be furnished to first party. No deed to be given until one-half has been paid, and a mortgage will then be given for the remainder; possession to be given March 1st, 1913. Buildings to be kept insured up to said time. And the party of the second part will annually pay taxes, etc. [Balance of contract is the ordinary printed form, over which there is no contention, so omitted.]
It will be noted that the controlling letters in the correspondence which fixed the authority of the agent were Exhibits 4 and 5, and more particularly the latter. Exhibit 5 is a qualified acceptance of the offer contained in Exhibit 4, requiring Mayer to get his commission out of the purchaser.
It is too plain for argument that some of the terms and conditions specified in the written contract above set forth were wholly without authority. It is quite needless to cite authorities to this proposition, but see the following: Gilbert v. Baxter, 71 Iowa, 331-332; Wilken v. Voss, 120 Iowa, 503;
The defendant relies upon Exhibit 3 as furnishing authority for the stipulation for deferred payments. It will be noted that this letter was only a recital of a certain offer that had been made to the plaintiff by another. Though the offer was deemed attractive, it was not, in fact, accepted by her. This letter was dated August 11th. It had nothing to do with the offer which Mayer had mailed under date of August 10th: The time of the mail between the two points was about three days. Exhibit 5, plaintiff’s letter of August 15th, was a direct response to Mayer’s letter of August 10th. It is conceded on both sides that land in the neighborhood was rising rapidly, and agents and sellers and buyers could hardly keep up with it. When the defendant secured the contract of sale he put the land upon the market at $110 per acre. The testimony in the record as to the actual value of the land at that particular time shows a range from $85 to $100 per acre. The plaintiff herself was receiving letters and offers from various persons, the latest offer being always the largest. The fact, therefore, that the plaintiff might have been willing to accept modified terms on one day was not evidence of her willingness to do so on the later date. In any event, it was a mere inference on the part of Mayer and the defendant that she would consent to such terms, because of the recital in the letter, Exhibit 3.
The trial court properly set aside the written contract in question, and properly refused relief to the defendant. The decree below is therefore — Affirmed.