130 Iowa 85 | Iowa | 1906
Defendant resides in Buchanan county, and in February, 1904, he was the'owner of a tract of three hundred and twenty acres of land in Beadle county, S. D. On February 5th he signed an instrument in writing whereby he agreed to pay plaintiff, in case the latter should procure a purchaser for said lands, a commission of 50 cents per
There was no attempt made on the trial to identify Preston. Conceding that such a person existed in fact, there is not a word as to his financial standing, and hence as to his ability to have carried out the contract. That plaintiff might recover, it was incumbent upon it not only to prove that the proposed purchaser found by it was ready and will