125 Iowa 526 | Iowa | 1904
This suit is bottomed upon a written contract wherein the defendant agreed to pay to the plaintiff the sum of 50 cents per acre for the sale of a section of land, and which provides that “ said 50c. per acre to be paid as soon as purchaser of said land has paid payment of $19,219.76.” The facts are that the plaintiff became the defendant’s agent for the sale of said land, and had in fact found a purchaser for it before the contract fixing the compensation for such services was executed, and said contract' was executed ánd delivered to the plaintiff at the same time that the defendant executed and delivered to the plaintiff duplicate contracts for the land and received from him a payment of $1,000 on the purchase price' thereof, which was $20,219.76. " The answer admitted the contract in suit, and alleged a fraudulent and unauthorized material alteration of the land contracts after they had been signed in duplicate by the defendant and had been delivered to the appellant for execution by the purchaser; a failure of consideration for the contract sued upon herein because thereof; and further, that the plaintiff was at the time of the sale interested therein as a purchaser of the land with others.
C. IT. Royce was the person to whom the land was sold, and a letter written by him to the defendant, relating to the interest due the latter on the contract-for the land, was admitted in evidence over the objection of the appellant. This letter seems to have been written by Royce in answer to a letter to him from the defendant which had been put-in evidence by the plaintiff, and under the section of the Code heretofore cited it was competent. 'It was also contradictory of the testimony of Royce contained in a deposition taken by the plaintiff, filed in the case, and after-wards read to the jury, and was competent for the purpose of impeachment; and its introduction out of the regular order would not require a reversal of the case were it otherwise competent. Peterson v. Wood, M. & R. M. Co. 97 Iowa, 148.
There was sufficient evidence of the plaintiff’s interest in the land as a purchaser at the time the contract in suit was made to take the case to the jury on that issue, and the court properly instructed thereon.
The judgment is right, and it is affirmed.