Hiemenz v. Goerger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in giving the instructions it gave of its own motion, in giving the instructions asked by plaintiff, and in refusing to give the instruction asked by defendant, viz., that plaintiff could not recover under the pleadings and the evidence. Bowen v. Railroad, 75 Mo. 426; Boninev. City, 75 Mo. 437; Condon v. Railroad, 78 Mo. 567; Hollander v. Koetler, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in giving the instructions it gave of its own motion, in giving the instructions asked by plaintiff, and in refusing to give the instruction asked by defendant, viz., that plaintiff could not recover under the pleadings and the evidence. Bowen v. Railroad, 75 Mo. 426; Boninev. City, 75 Mo. 437; Condon v. Railroad, 78 Mo. 567; Hollander v. Koetler, 20 Mo. App. 79. (2) The court erred in refusing to give instruction, numbered 2, asked by defendant. (3) The court erred in admitting the testimony of…
1Opinion of the CourtBiggs, J.
This is an action on an account for $244. It originated before a justice of the peace. The account consists of two items, one for $234 as the commissions on the sale of one hundred and forty-four feet of ground in the city of St. Louis for $9,360, and the other for $10 as the fee for writing a deed. In the statement filed before the justice it was alleged that, prior to the twenty-eighth day of July, 1890, the defendant employed the plaintiff, who is a real-estate agent, to sell the property at the price stated, and that it was agreed that the'plaintiff should receive as compensation for his…
2Cited by5 opinions
- Ballentine & Boone v. MercerMissouri Court of Appeals · 1908
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Stanley v. WhitlowMissouri Court of Appeals · 1914
- Hartnett v. ChristopherMissouri Court of Appeals · 1895
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1900