Meyers v. Kilgen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court .—Eon. William M. Kinsey, Judge. (1) (a) The agreement of November 2, 1907, Exhibit A, was an option agreement and having expired on December 10', 1907, any extension thereof must have a new consideration to> support it. The evidence discloses none. 21 Am. & Eng. Ency. of Law, 926; Ide v. Leisler, 10 Mont. 5; 24 Am.
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Appeal from St. Louis City Circuit Court .—Eon. William M. Kinsey, Judge. (1) (a) The agreement of November 2, 1907, Exhibit A, was an option agreement and having expired on December 10', 1907, any extension thereof must have a new consideration to> support it. The evidence discloses none. 21 Am. & Eng. Ency. of Law, 926; Ide v. Leisler, 10 Mont. 5; 24 Am. St. Rep., 17; Clamo v. Grayson, 30 Oregon 11. (b) Nor is this rule changed by the fact that the money paid fo.r snch option is to be applied as part payment. 21 Am. & Eng. Ency. of Law, 926; Ide v. Leisler, supra, (c) The $1000 earnest…
1Opinion of the CourtReynolds-, P. J.
J. (after stating the facts).—We are compelled to reverse the judgment in this case for two reasons. In the first place, it was error to refuse the second instruction asked by plaintiff. It was a question of fact to be submitted to the jury under the evidence in the case, as to whether there had been a substantial compliance by plaintiff with the terms of the contract between him and the Rollice Realty Company, and it was a question of fact to be determined by the jury as to whether in entering into the contract for the payment of the commission of $500, the defendant Kilgen had been acting…
2Cases cited3 opinions
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Blackwell v. AdamsMissouri Court of Appeals · 1887
- Reiger v. BiggerMissouri Court of Appeals · 1888
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- Moore v. SeabaughMissouri Court of Appeals · 1984
- Gundaker v. TemplerMissouri Court of Appeals · 1977
- Deu Friend v. McDermottMissouri Court of Appeals · 1952
- Benson Optical Co. v. FloerchingerMissouri Court of Appeals · 1991
- Quality Wig Co., Inc. v. JC Nichols Co.Missouri Court of Appeals · 1987
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