132 Iowa 250 | Iowa | 1906
This action was brought on a written agreement to pay a commission if the plaintiff found a purchaser for the defendant’s land. There is no dispute as to the contract, nor is there any question that the plaintiff found a man by the name of Ritchie who was willing to and did execute a written contract for the purchase of the land, which provided for a cash payment of $50 and the balance in deferred payments. The cash payment was to be made at Eagle Grove, Iowa, and by subsequent direction of the defendant, at a certain bank. The contract for the land was prepared by the plaintiff and mailed to the defendant who executed the same in duplicate, and returned one copy thereof to the plaintiff, for delivery to the proposed purchaser.
The plaintiff lived in Spencer, Iowa, at the time and, a few days after the defendant had sent him the contract, he wrote to the defendant advising him that $50 had been paid to him, the plaintiff, on the contract, and asking that he be permitted to retain it and apply it on his commission. The defendant would not agree to that, whereupon the plaintiff returned to him the abstract of title which the contract called for with a letter stating that he would have nothing more to do with the matter, and demanding payment of the agreéd commission less the cash payment of $50 which he retained and still has, if in fact such was ever paid
The judgment is right, and it is affirmed.