130 Iowa 408 | Iowa | 1906
At a time in question the Milwaukee Land Company of Milwaukee, Wis., owned a tract of land lying on the outskirts of the town of Manilla in Crawford county, comprising eighty-seven and twelve-hundredths acres in the whole. A portion of the tract was known as outlots “ K ” and “ L,” and these comprised thirty-one and twenty-eight-hundredths acres. The defendant is station agent of the Milwaukee Railway Company at Manilla, and had been authorized by the land company to find a purchaser for said lands. The lands were held by the company at ninety dollars per acre, and on his own statement defendant was to receive for his services in finding a purchaser five per cent, on said selling price, and, in addition thereto, a sum equal to the excess over ninety dollars per acre, for which the land might be sold to a purchaser furnished by him. As related to the issue here presented, the jury was warranted in finding that defendant disclosed to plaintiff the facts of his agency for the land and the commission or compensation he was to receive upon making a sale thereof; that plaintiff was requested by defendant to assist in finding a purchaser for outlots “ K ” and “ L,” at the price of one hundred dollars per acre, for which service, if successful, defendant agreed to pay plaintiff the sum
The judgment must therefore be reversed, and a new trial awarded, unless appellee shall consent to and file.a remittitur for the excess of the judgment over said sum. If such remittitur is filed within twenty days from and after the filing of this opinion, the judgment as for the sum of three hundred and four dollars will stand affirmed; otherwise the case will be remanded for new trial. On such condition, the judgment is reversed.