Childs & Rains v. Crithfield
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Angus Cox, Judge. (1) Where a petition declares upon a contract without stating whether it is in writing or not, the contract will be presumed to be in writing. Sharkey v. McDermott, 91 Mo. 652; Brown on Statute of Frauds, sec. 505. (2) There was a fatal variance between the contract declared on and the evidence of plaintiffs. Wisby v. Boyce, 27 S. W. Rep. 590; Gray v. Race, 51 Mo. App. 554; Merrill v. Trust Go., 46 Mo.
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Appeal from the Holt Circuit Court. — Hon. Angus Cox, Judge. (1) Where a petition declares upon a contract without stating whether it is in writing or not, the contract will be presumed to be in writing. Sharkey v. McDermott, 91 Mo. 652; Brown on Statute of Frauds, sec. 505. (2) There was a fatal variance between the contract declared on and the evidence of plaintiffs. Wisby v. Boyce, 27 S. W. Rep. 590; Gray v. Race, 51 Mo. App. 554; Merrill v. Trust Go., 46 Mo. App. 243, point 3; Telegraph Go. v. Smith, 30 S. W. Rep. (Tex.) 550. (3) Plaintiffs not having declared upon the contract in its…
1Opinion of the CourtGill, J.
Plaintiffs, who are real estate agents at Humansville, Missouri, sued the defendant for services in procuring a purchaser for defendant’s farm.. The original petition was based on an express contract to the effect that if plaintiffs would secure a purchaser, defendant would pay plaintiffs a compensation of five per cent on the first $1,000 of the selling price of the land, and two and one half per cent on the remainder; that plaintiffs found a purchaser, who contracted with defendant to buy the land at $8,800, for which defendant owed plaintiffs $245, and for which plaintiffs asked judgment.
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2Cited by3 opinions
- Morgan v. KellerSupreme Court of Missouri · 1906
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- Herrick v. WoodsonMissouri Court of Appeals · 1910