Rodenbrock v. Gress
| Citation | 104 N.W. 758,74 Neb. 409 |
| Decision Date | 20 September 1905 |
| Docket Number | 13,886 |
| Parties | WILLIAM RODENBROCK v. RAIMOND GRESS |
| Court | Supreme Court of Nebraska |
ERROR to the district court for Otoe county: PAUL JESSEN, JUDGE. Affirmed.
AFFIRMED.
W. H Pitzer, for plaintiff in error.
James W. Eaton, John V. Morgan and John C. Watson, contra.
OLDHAM C. AMES and LETTON, CC., concur.
This was a suit to recover the value of services alleged to have been rendered by plaintiff in the court below as a real estate agent and broker in negotiating the sale of certain lands owned by the defendant in Otoe county, Nebraska. Defendant demurred to the petition in the district court. The demurrer was sustained and, plaintiff refusing to further plead, the petition was dismissed. To reverse the judgment of the district court in dismissing the petition, plaintiff brings error to this court.
The petition, after showing that on and prior to January 1, 1902, the defendant was the owner of the lands in controversy, describing them, alleges that in the month of October, 1902, the defendant, being desirous of selling said lands, requested the plaintiff to sell them for the defendant for $ 12,000, and promised to pay plaintiff for his services if plaintiff succeeded in making a sale of the lands on said terms. The petition then alleges that, in reliance on the request and agreement of the defendant, plaintiff devoted a large amount of time and made continued efforts toward effecting a sale of said lands, and that he did effect a contract of sale thereof to one John Bando for the price of $ 12,000, and that thereafter the defendant and John Bando completed the transfer of the lands, and defendant executed his deed to Bando, conveying the lands, and received the sum of $ 12,000, the purchase price thereof, and that the sale was effected entirely through the efforts of the plaintiff, and was highly advantageous to the defendant. Plaintiff further alleged that the usual compensation for similar services in effecting sales of real estate is a commission of 5 per cent. on the first $ 1,000 and 2 1/2 per cent. on the sale price exceeding $ 1,000, and that this was well known to the defendant; that since the sale has been completed defendant promised to pay the plaintiff this commission, and that no part thereof has been paid. The petition prays for judgment for the amount of the commission at the rate stated.
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