Citation Numbers: 24 Neb. 790
Judges: Iudges, Maxwell
Filed Date: 7/15/1888
Status: Precedential
Modified Date: 7/20/2022
In the year 1885 the plaintiff was a real estate agent in the city of Omaha, and the defendants, who are husband and wife, were at that time possessed of certain real estate in that city which they desired to sell.
The plaintiff addressed a letter to them making inquiries in regard to the defendants’ property, and the price of the same.
In answer to this letter Mr. F. P. Bodwell, the husband, wrote to the plaintiff:
“I offer for sale residence and two lots so. e. cor. 11th and Martha Sts. Has good barn, coal house, and pump and rain water in the kitchen of house, which is finely finished inside and out. Lots have 132 ft. frontage on 11th and 148 ft. on Martha St. Fine large shade trees, and all in good shape. For the whole $6,500, and can take $2,500 cash, and three years or more time for balance, etc.”
The plaintiff upon receiving the defendants’ proposition wrote to him that he would not purchase the property himself, but if he so desired he would place the property on his books and endeavor to sell it for him. To this proposition the defendant answered in substance that the property was already in the hands of a real estate agent for sale. He could not give him the exclusive right to sell the same, but as the agent was making but little effort to sell the property, therefore if the plaintiff could find a purchaser he might do so. The plaintiff seems to have been active in the matter, and a few days afterwards took a Mr. Morgan to see the premises. Both the plaintiff and Mr. Morgan examined the premises twice, and afterwards
The facts as shown by the evidence are substantially as stated above, there being but little conflict in the testimony, except upon one point, viz., the boundaries of the lot.
Mrs. E. Bodwell, one of the defendants, testifies that Morgan and the plaintiff came to her house before the sale to examine the property, and that she “showed them over the place. I knew the lines of the lot, and knew it was W J of lot 3, block 1 of S. E. Rogers’ addition. I showed them all over the lot, and how far it extended in every direction. I showed them how far the lot went back, and where the stakes were, so that they could see the lines, as there was no fence between our place and Mr. Black’s.”
Judgment affirmed.