Cortright v. Pettit

461 N.W.2d 202, 1990 Iowa App. LEXIS 310, 1990 WL 143101
CourtCourt of Appeals of Iowa
DecidedJune 26, 1990
Docket88-1868
StatusPublished
Cited by2 cases

This text of 461 N.W.2d 202 (Cortright v. Pettit) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cortright v. Pettit, 461 N.W.2d 202, 1990 Iowa App. LEXIS 310, 1990 WL 143101 (iowactapp 1990).

Opinion

HABHAB, Judge.

Appellants, Paul D.M. Pettit and Mary K. Pettit, appeal the decision of the district court awarding appellee realtors a brokerage sales commission on the sale of appellants’ home. We affirm.

Appellants were residents of Waterloo, Iowa. In 1985, Paul, a medical doctor, obtained employment with the Mayo Clinic in Rochester, Minnesota. It was understood that Paul would work in Rochester until the Mayo Clinic branch in Jacksonville, Florida commenced operation, at which time he would transfer to that branch.

On July 29, 1985, appellants entered into a uniform listing contract with appellee Kevan J. Cortright for the sale of their home. When the property did not sell, the parties, on January 20, 1986, executed a six-month extension of the original listing. Mary signed the extension agreement for Paul. Paul was aware of Mary’s actions and approved them.

In July of 1986, Sharon Wedeking, an agent of appellee realtor Trapp & Associates, was contacted by Margaret Jenkins concerning the purchase of a home in the Waterloo-Cedar Falls area. Margaret revealed that she and her husband, Charles W. Jenkins, would be moving to the area for Charles was to be the new general *204 manager at Doerfer Engineering Company in Cedar Falls. Wedeking showed Margaret ten to twelve homes in mid-July of 1986, including the Pettits’ home. After showing the Pettit property to Charles, the Jenkins, on August 1, 1986, executed a uniform offer and acceptance contract for the Pettit property.

After the Jenkins returned to Florida, Charles was informed that his transfer to Cedar Falls might not transpire. Thereafter, the Jenkins attempted to retract their offer. Because of this turn of events, on August 21, 1986, a new uniform listing contract was executed by Mary. She again signed her and Paul’s names to the agreement. On August 26, 1986, the Pettits brought suit against the Jenkins for specific performance of the August 1st contract.

In October of 1986, Charles learned that he would be transferring to Cedar Falls. The Jenkins decided at that point to carry out their purchase of the Pettit property. A new offer and acceptance contract was drafted by Pettits’ counsel which, unlike the August 1st contract, omitted the provision for payment of a real estate commission.

On November 14, 1986, Pettits’ counsel informed appellee Cortright by letter that the Pettits were revoking the August 21st uniform listing contract. On November 17, 1986, the Pettits transferred by warranty deed the Pettit property to the Jenkins. No commission was paid to appellees. As a result, appellees brought suit against Pettits for payment of the commission on the sale. The district court awarded appel-lees judgment against Pettits, and Pettits have appealed.

I.

Paul Pettit argues initially that the district court lacked jurisdiction over him. A two-prong test is employed in resolving nonresident jurisdictional questions. Robert Half of Iowa, Inc. v. Citizens Bank, 453 N.W.2d 236, 237 (Iowa App.1990); Egli v. Egli, 447 N.W.2d 409, 411 (Iowa App.1989); Martin v. Ju-Li Corp., 332 N.W.2d 871, 874 (Iowa 1983); Larsen v. Scholl, 296 N.W.2d 785, 787 (Iowa 1980). First, we inquire as to whether a statute or rule authorizes assumption of jurisdiction over defendant. Citizens Bank, 453 N.W.2d at 237; Egli, 447 N.W.2d at 411. Second, if the initial criteria is met, we determine whether this exercise of personal jurisdiction offends due process. Citizens Bank, 453 N.W.2d at 237; Egli, 447 N.W.2d at 411.

Iowa Code section 617.3, Iowa’s long-arm statute, authorizes personal jurisdiction over a nonresident defendant who has entered into a contract which is “to be performed in whole or in part by either party in Iowa....” Here, the original listing was signed by both Pettits. On the subsequently-executed extensions, however, Mary signed both Pettits’ names. Paul now asserts that since he was not a signatory to the aforementioned extensions, he has not entered into a contract to be performed in Iowa which would form the basis for an Iowa District Court to acquire personal jurisdiction over him. We conclude that Mary was acting as Paul’s agent when she signed his name to the extensions. The Iowa Supreme Court has defined an agency relationship to be:

a fiduciary relationship resulting from the manifestation of consent by one person, the “principal,” that another, the “agent,” shall act on the former’s behalf and subject to the former’s control and from consent by the latter to so act.

Farmers Grain Co. v. Irving, 401 N.W.2d 596, 601 (Iowa App.1986).

Paul testified that he expressly approved Mary’s execution of the January 20th extension agreement. While he denied any approval of the August 21st extension, it is readily apparent to us that Mary had implied authority to execute that extension agreement. Even were we to conclude otherwise, Paul’s inaction after learning of the August 21st extension is compelling evidence that he ratified the extension. Paul only sought to revoke the listing agreement after the Jenkins, upon learning that they would in fact be moving to Cedar Falls, decided to go through with the purchase of the Pettits’ house.

*205 The second part of our analysis requires a determination of whether this exercise of in personam jurisdiction over the nonresident defendant satisfies the “traditional notions of fair play and substantial justice.” See Kulko v. California Superior Court, 436 U.S. 84, 92, 98 S.Ct. 1690, 1696-97, 56 L.Ed.2d 132, 141 (1978). In undertaking such an analysis, we look to see if the nonresident defendant has sufficient minimum contacts with the forum state. See id. at 92, 98 S.Ct. at 1696, 56 L.Ed.2d at 141. Additionally, we look, to “some act by which the defendant purposefully avails ... himself of the privilege of conducting activities within the forum state.” Id. at 94, 98 S.Ct. at 1698, 56 L.Ed.2d at 142 (quoting Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1240, 2 L.Ed.2d 1283, 1298 (1958)).

We apply the aforementioned standard in light of five factors, the first three being the most important:

(1) the quality of the contacts;
(2) the nature and quality, of the contacts;
(3) the source and connection of the cause of action with those contacts;
(4) the interest of the forum state; and
(5) the convenience of the parties.

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Bluebook (online)
461 N.W.2d 202, 1990 Iowa App. LEXIS 310, 1990 WL 143101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cortright-v-pettit-iowactapp-1990.