Supreme Court of Iowa November 21, 1939, No. 44807 (Armstrong v. Smith)

Hale, J.

Plaintiff Armstrong sued the defendant Smith for commission on a sale of real estate. The Codner Realty Company intervened, claiming that the sale had been made by Nelson, a member of the firm. The defendant answered, stating that he was willing to pay the commission, and tendered into court the amount of the commission.