Before plaintiff reported a sale of the property, defendant, on the ninth day of the month, through another agency, signed a written agreement for a sale of the property for the agreed consideration, $1,000 to be paid in cash on delivery of the agreement and the balance on delivery of the deed, with abstract showing good title. The vendee almost immediately accepted the proposition in writing and notice was immediately given to defendant of the sale, but by agreement the payment of the $1,000 was deferred until the next morning. At about nine o'clock on the tenth, plaintiff sold the property and received part payment therefor from another person. The vendee under the first contract met defendant at the appointed hour and just as the deal was being completed plaintiff appeared with his purchaser, and was then, for the first time, informed of the prior sale. Defendant, in an action on the contract, testified that the agent through whom the sale was made which the defendant accepted, found the purchaser and sold the property before the plaintiff made a sale. Held, that the sale which was accepted by defendant was made on the day prior to the sale by plaintiff, and an instruction to that effect was correct. Tuffree v. Bienford, 130 Iowa, 532, 107 N. W. 425.