Campbell v. Vanstone
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence for the reason that plaintiff showed a prima facie right of recovery. “Where there is any substantive evidence on an issue of fact, its determination is a matter for the jury.”
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence for the reason that plaintiff showed a prima facie right of recovery. “Where there is any substantive evidence on an issue of fact, its determination is a matter for the jury.” Gutridge v. B’y, 105 Mo. 520; Finch v. Ullman, 105 Mo. 255; Burger v. B’y, 112 Mo. 238. (2) If property is placed with a real estate agent for sale, and a sale is brought about through his exertions or agency, he is entitled to his commissions, even though the final negotiations were…
1Opinion of the CourtSmith, P. J.
The defendant, the owner of a flour mill and elevator, entered into a written contract with the plaintiff, a real estate agent, whereby the latter was constituted an agent to sell the mill and elevator of the former. The contract provided , , , , _ that m the event a sale or exchange of said mill and elevator was “effected by or through the plaintiff” that the defendant would pay him a five per cent commission on the amount for which said mill and elevator was sold. • Shortly after the contract was entered into, the plaintiff had photographs made of the mill and elevator, advertised the same,…
2Cases cited4 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
- Henderson & Jones v. MaceMissouri Court of Appeals · 1896
- Jones v. BerryMissouri Court of Appeals · 1889
3Cited by1 opinion
- J. C. McCray & Son v. PfostMissouri Court of Appeals · 1906