Zeidler v. Walker
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spenoer, Judge. (1) First. The contract in evidence constituted an absolute sale, so that the defendant could have recovered from Holloway any installment of the purchase price named in it, notwithstanding the clause about liquidated damages. Ayers v. Pease, 12 Wend. 898; Cartwright v. Gardner, 5 Cush. 273; Dooley v. Watson, 1 Gray, 414; Graham v. BicJcham, 4 Dallas, 149. Second.
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Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spenoer, Judge. (1) First. The contract in evidence constituted an absolute sale, so that the defendant could have recovered from Holloway any installment of the purchase price named in it, notwithstanding the clause about liquidated damages. Ayers v. Pease, 12 Wend. 898; Cartwright v. Gardner, 5 Cush. 273; Dooley v. Watson, 1 Gray, 414; Graham v. BicJcham, 4 Dallas, 149. Second. In all cases where a party relies on the payment of liquidated damages as a discharge, it must clearly appear from the contract that they were to be paid and…
1Opinion of the CourtGill, J.
Plaintiffs, composing a firm of real-estate agents at St. Joseph, Missouri, sued defendant for commissions, which it is alleged said defendant agreed to pay plaintiffs for securing a purchaser for a tract of land, at or near the city of St. Joseph, the price of the land being fixed at fifty thousand dollars. After some effort, plaintiffs induced one James M. Holloway of Kansas to come to St. Joseph, to examine the property, and there said Holloway was by the plaintiffs introduced to defendant Walker. After a few days negotiations Holloway and Walker entered into a written contract, to the…
2Cases cited2 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1887
- Reiger v. BiggerMissouri Court of Appeals · 1888
3Cited by15 opinions
- Lawrence v. PedersonWashington Supreme Court · 1904
- Lawrence v. RhodesIllinois Supreme Court · 1900
- Colburn v. SeymourSupreme Court of Colorado · 1904
- Lemon v. LloydMissouri Court of Appeals · 1891
- Tooker v. DuckworthMissouri Court of Appeals · 1904
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