Ullmann v. Land

• Decision Date: 10 December 1904
• Citation: 84 S.W. 294
• Parties: ULLMANN v. LAND.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

84 S.W. 294

ULLMANN v. LAND.^*

Court of Civil Appeals of Texas.

December 10, 1904.

Appeal from District Court, Wise County; J. W. Patterson, Judge.

Action for broker's commission by W. H. Land against J. Ullmann. From a judgment for plaintiff, defendant appeals. Affirmed.

R. E. Carswell, for appellant. T. J. McMurray, for appellee.

SPEER, J.

Appellee sued appellant in the district court of Wise county, alleging that the latter was the owner of certain described real estate situated in that county, consisting of 130 acres out of the Edward Stephens survey, which he was desirous of selling, and, to that end, employed appellee to find a purchaser and sell same for him. That appellant valued said land at $6 per acre, and agreed and promised appellee to give as compensation for finding a purchaser and selling said land all over the sum of $6 per acre that he could get for it, to be agreed on between the purchaser, appellant, and appellee. That he at once set about to find a purchaser for said land, which resulted in discovering one John M. Green, who was willing to purchase the same, and who did purchase the same, upon the following terms, viz.: "Said Green was to pay as consideration for said land as above described the sum of $1,350, to be paid as follows, to wit: Said Ullmann to take for himself and plaintiff, as part consideration for his said land, the farm and premises owned by said Green, as follows: Tract of land situated in Wise county * * * containing 80 acres, said last described land to be taken upon said consideration for the sum of $1,000, which was to be counted as cash consideration from said Green to said Ullmann; and said Green, in further consideration, was to execute and deliver to said Ullmann three notes, amounting in all to $350, due in the future as follows: One note for $100, due November 1, 1904; one note for $100, due November 1, 1905; one note for $150, due November 1, 1906; all bearing 10% interest from date—and retaining vendor's lien on said land for the purchase money. That said Ullmann, fully understanding said trade, fully agreed to, acquiesced in, and ratified same. That thereafter, and in pursuance to said agreement, said Ullmann made, executed, and delivered to said John M. Green his deed in writing to said first-named land, and said Green made, executed, and delivered to said Ullmann his deed in writing to the said land so sold by him to said Ullmann as a part payment upon the land sold to him by said Ullmann, and said Green duly executed and delivered his said notes as aforesaid to said Ullmann, which said notes and deed were accepted by said Ullmann for said land, and the same are now in the custody and control of said Ullmann, and he is claiming said land so deeded him by said Green, and the notes so given." It was further alleged that the Green land was worth at least $1,250 cash, and the said notes well worth $350, and that appellant was not entitled, under the contract, to more than $780. There was prayer...