Shannon v. Gaar, No. 46516.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHALE
Citation15 N.W.2d 257,234 Iowa 1360
Docket NumberNo. 46516.
Decision Date23 September 1944
PartiesSHANNON et al. v. GAAR et al.

234 Iowa 1360
15 N.W.2d 257

SHANNON et al.
v.
GAAR et al.

No. 46516.

Supreme Court of Iowa.

July 28, 1944.
Rehearing Denied Sept. 23, 1944.


Appeal from District Court, Polk County; John J. Halloran, Judge.

Action for damages for breach of an alleged oral contract whereby plaintiffs were to act as brokers for defendants in the purchase of an apartment building. From a verdict and judgment for defendants, plaintiffs appeal.

Affirmed.

[15 N.W.2d 258]

Walter F. Maley and F. G. Ryan, both of Des Moines, for appellants.

Stipp, Perry, Bannister, Carpenter & Ahlers, of Des Moines, for appellees.


HALE, Justice.

Plaintiffs-appellants seek to recover damages claimed to have been sustained by reason of the breach by defendants-appellees of an alleged oral contract to represent such appellees as brokers in the purchase of the Eddy Apartments in Des Moines. Appellants claim that during the existence of such contract they contacted and reported to appellees the name of a loan company through which $52,600 was obtained by appellees and used in payment of the purchase price of said apartment; and that after reporting the name of such loan agency, appellees conspired to deprive them of their commission by causing C. C. Shive, a real estate broker, to bid for and purchase the property in his own name. Appellants allege the existence and performance of the contract until prevented by appellees, conspiracy between appellees to deprive appellants of the benefit of the contract after partial performance by appellants by employing Shive to bid for and obtain such property, and claim exemplary damages. Appellees by separate answers admit the purchase of the property for Keith W. Gaar by Shive, deny appellants' agency, and deny generally all allegations of the petition not admitted. On motion the claim for exemplary damages was struck from the petition. On trial the jury returned a verdict for appellees. The court overruled objections to instructions and motion for new trial, and the case is before us on appeal.

This is the second appeal in this case. At the first trial, in which C. C. Shive was a party defendant, the court directed a verdict for defendants at the conclusion of plaintiffs' testimony, defendants offering no testimony. On appeal this court sustained the district court's ruling as to Shive, but reversed as to defendants Gaar. See Shannon v. Gaar, Iowa 1942, 6 N.W.2d 304, 308. The holding of this court in that case was that there was sufficient evidence as to the Gaars to submit the case to the jury, and the district court was therefore in error in directing the verdict for them.

At the second trial, which began September 20, 1943, both sides offered testimony. The evidence, with the exception of the testimony of appellees, was in substance much the same as in the former trial, and need not be reviewed here, the facts being fully set out in Justice Garfield's opinion in Shannon v. Gaar, supra.

In this appeal four errors are assigned.

I. Appellants allege that the trial court was in error in giving instruction No. 8, which was to the effect that appellee, Keith W. Gaar, would not be bound by the acts of his wife unless he had full knowledge thereof, and in the light of such knowledge, accepted the benefits, if any, flowing from the acts and statements of his wife; and in failing to instruct the jury, in accordance with the opinion filed in the former appeal to this court, ‘that by taking the loan from Hunter, Gaar accepted the benefits of his wife having acted in his behalf and he is in no position now to claim that his acts were unauthorized.’

Appellants argue that the legal principles announced by the Supreme Court on a former appeal, whether right or wrong, become the law of the case upon retrial thereof. This proposition is not disputed. It is further argued that by accepting the benefits of persons assuming to act for another, the person accepting the benefits ratifies the acts of the other and becomes bound therefor. As an abstract principle of law this also is true. But in applying this rule as to the law of the case, appellants insist that the trial court in the present trial disregarded our former opinion.

Appellants quote only part of Division I of the former opinion, which throughout, not only in Division I, but in Divisions III, IV, V and VI, decides only the question whether or not there was sufficient evidence to warrant submission to the jury and does not make findings of fact. Under the previous record the only question at issue was whether the court was justified in directing a verdict. This court held that there was sufficient evidence of certain facts to require submission to a jury, and the opinion so states. It is held (Division I) that there was evidence that Mrs. Gaar purported to act for her husband and that her husband has full knowledge of this, knew what transpired between

[15 N.W.2d 259]

appellants...

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15 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...reasonably proportionate to the compensatory damages awarded. Crum v. Walker, 1950, 241 Iowa 1173, 44 N.W. 2d 701; Shannon v. Gaar, 1944, 234 Iowa 1360, 15 N.W.2d 257; Kinney v. Cady, 1942, 232 Iowa 403, 4 N.W.2d 225; Gregory v. Sorenson, 1932, 214 Iowa 1374, 242 N.W. 91; Clark Bros. v. And......
  • Stockdale v. Agrico Chemical Co., Div. of Con. Oil Co., Civ. No. 69-C-2010-C.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • March 21, 1972
    ...v. Pearson Const. Co., 185 Iowa 95, 97, 98, 169 N.W. 628, 629; Kinney v. Cady, 232 Iowa 403, 412, 4 N.W.2d 225, 229; Shannon v. Gaar, 234 Iowa 1360, 1364, 15 N.W.2d 257, 259; Sebastian v. Wood, 246 Iowa 94, 100, 66 N.W.2d 841, 844; Syester v. Banta, 257 Iowa 613, 627, 133 N.W.2d 666, 675." ......
  • Robinson v. Home Fire & Marine Ins. Co., No. 48284
    • United States
    • United States State Supreme Court of Iowa
    • July 17, 1953
    ...the law of the case upon the propositions there considered. Vogt v. City of Grinnell, 133 Iowa 363, 364, 110 N.W. 603; Shannon v. Gaar, 234 Iowa 1360, 1362, 15 N.W.2d 257, 258; Lawson v. Fordyce, 237 Iowa 28, 32-40, 21 N.W.2d 69, 73-77. It would seem, therefore, that if there is substantial......
  • Olson v. Truax, No. 49784
    • United States
    • United States State Supreme Court of Iowa
    • July 24, 1959
    ...here upon his claim and the defendant to the cross-petition was in the same position as defendant-appellee here. In Shannon v. Gaar, 234 Iowa 1360, 1364-1365, 15 N.W.2d 257, 260, the trial court struck out plaintiffs' claim for exemplary damages. We held if there was error in this ruling, i......
  • Request a trial to view additional results
15 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...reasonably proportionate to the compensatory damages awarded. Crum v. Walker, 1950, 241 Iowa 1173, 44 N.W. 2d 701; Shannon v. Gaar, 1944, 234 Iowa 1360, 15 N.W.2d 257; Kinney v. Cady, 1942, 232 Iowa 403, 4 N.W.2d 225; Gregory v. Sorenson, 1932, 214 Iowa 1374, 242 N.W. 91; Clark Bros. v. And......
  • Stockdale v. Agrico Chemical Co., Div. of Con. Oil Co., Civ. No. 69-C-2010-C.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • March 21, 1972
    ...v. Pearson Const. Co., 185 Iowa 95, 97, 98, 169 N.W. 628, 629; Kinney v. Cady, 232 Iowa 403, 412, 4 N.W.2d 225, 229; Shannon v. Gaar, 234 Iowa 1360, 1364, 15 N.W.2d 257, 259; Sebastian v. Wood, 246 Iowa 94, 100, 66 N.W.2d 841, 844; Syester v. Banta, 257 Iowa 613, 627, 133 N.W.2d 666, 675." ......
  • Robinson v. Home Fire & Marine Ins. Co., No. 48284
    • United States
    • United States State Supreme Court of Iowa
    • July 17, 1953
    ...the law of the case upon the propositions there considered. Vogt v. City of Grinnell, 133 Iowa 363, 364, 110 N.W. 603; Shannon v. Gaar, 234 Iowa 1360, 1362, 15 N.W.2d 257, 258; Lawson v. Fordyce, 237 Iowa 28, 32-40, 21 N.W.2d 69, 73-77. It would seem, therefore, that if there is substantial......
  • Olson v. Truax, No. 49784
    • United States
    • United States State Supreme Court of Iowa
    • July 24, 1959
    ...here upon his claim and the defendant to the cross-petition was in the same position as defendant-appellee here. In Shannon v. Gaar, 234 Iowa 1360, 1364-1365, 15 N.W.2d 257, 260, the trial court struck out plaintiffs' claim for exemplary damages. We held if there was error in this ruling, i......
  • Request a trial to view additional results

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