Wetzell & Griffith v. Wagoner
Missouri Court of Appeals
Appeal from the Jasper Circuit Court.- — Hon. M. G. McGregor, Judge. (1) There was a total failure of proof to sustain the allegations in plaintiffs’ original petition and the defendant’s demurrer to the evidence should have been sustained at the close of plaintiffs’ evidence.
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Appeal from the Jasper Circuit Court.- — Hon. M. G. McGregor, Judge. (1) There was a total failure of proof to sustain the allegations in plaintiffs’ original petition and the defendant’s demurrer to the evidence should have been sustained at the close of plaintiffs’ evidence. (2) The plaintiffs sought to cure this failure by filing an amended petition at the close of all the evidence! The court erred in permitting this amended petition to be filed against defendant’s objections. It entirely changed the cause of action. (3) The second instruction given for plaintiffs assumes as facts: First.…
1Opinion of the CourtSmith, P. J.
This was an action brought in the circuit court of Jasper county, by the plaintiffs, who were real-estate agents, against defendant to recover the sum of two hundred and twenty-five dollars’ commissions due them for selling defendant’s farm. At the trial and. after the evidence was in, the plaintiffs were permitted to file an amended petition, wherein they alleged a modification of the original contract sued on to the effect that the defendant agreed with them that, if they found a purchaser for his farm at about the sum of eight thousand dollars, he would pay them two hundred dollars if he…
2Cases cited10 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Bell v. KaiserSupreme Court of Missouri · 1872
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
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3Cited by19 opinions
- Haigler v. DonnellyCalifornia Supreme Court · 1941
- Wright v. BrownMissouri Court of Appeals · 1897
- Henderson & Jones v. MaceMissouri Court of Appeals · 1896
- Le Compte v. SandersMissouri Court of Appeals · 1950
- Weisels-Gerhart Real Estate Co. v. EpsteinMissouri Court of Appeals · 1911
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