Legal Opinion

Turner v. Snyder

Missouri Court of Appeals

Decided December 6, 1909PublishedCited by 4 opinions

Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Where the agent is required by the terms of his contract with the principal to furnish the purchaser within a fixed period of time, he must furnish the purchaser within that time. Page & Austin v. C. C. Griffin, 71 Mo. App. 524; LaForce v. Washington University, 106 Mo. App. 517. (2) It is material error to give the the jury conflicting instructions. Edmondson v. Jones, 96 Mo. App. 83; Hoover v. Merc.

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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Where the agent is required by the terms of his contract with the principal to furnish the purchaser within a fixed period of time, he must furnish the purchaser within that time. Page & Austin v. C. C. Griffin, 71 Mo. App. 524; LaForce v. Washington University, 106 Mo. App. 517. (2) It is material error to give the the jury conflicting instructions. Edmondson v. Jones, 96 Mo. App. 83; Hoover v. Merc. Town Mutual, 93 M’o. App. Ill; Union Bank v. First Nat’l Bank, 64 Mo. App. 253; Jones v. Railroad, 59 Mo. App. 137; Evers v.…

1Opinion of the Court

COX, J. —

This is the second verdict in plaintiff’s favor, and the second appeal. The first is reported in volume 132 Mo. App. 320. On that appeal this case was reversed because the trial court refused to instruct the jury that plaintiff must show that the sale of the property was made in' a reasonable time after his employment. On the last trial, which resulted in the judg*660ment from which the present appeal is taken, the court gave, on behalf of plaintiff, the following instructions:

“I. The court instructs the jury that, if the jury believe from the evidence in this case, that the plaintiff…

2Cases cited5 opinions

  1. Linville v. WelchSupreme Court of Missouri · 1859
  2. Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
  3. Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
  4. Fugitt v. NixonSupreme Court of Missouri · 1869
  5. Turner v. SnyderMissouri Court of Appeals · 1908

3Cited by4 opinions

  1. Potter County v. BoesenCourt of Appeals of Texas · 1917
  2. Lowry v. Fidelity-Phenix Fire InsuranceMissouri Court of Appeals · 1925
  3. Reding v. RedingMissouri Court of Appeals · 1910
  4. Kotsrean Realty Co. v. SteimkeMissouri Court of Appeals · 1924

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