Lombard v. Sills
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. The court erred in giving instruction 5 on behalf of the defendants, which instruction was a peremptory instruction to the jury to find for the defendants on the counterclaim. Printz v. Miller, 233 Mo. 47; Hayden v. G-rillo, 35 Mo. App. 647; Love v. Owens, 31 Mo, App. 510; Oerhart v. Peck, 42 Mo. App. 651; Chipley v. Leathe, 60 Mo. App. 20; Brauckman v. Leighton, 60 Mo. App. 42; Goldsberry v. Eades, 161 Mo.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. The court erred in giving instruction 5 on behalf of the defendants, which instruction was a peremptory instruction to the jury to find for the defendants on the counterclaim. Printz v. Miller, 233 Mo. 47; Hayden v. G-rillo, 35 Mo. App. 647; Love v. Owens, 31 Mo, App. 510; Oerhart v. Peck, 42 Mo. App. 651; Chipley v. Leathe, 60 Mo. App. 20; Brauckman v. Leighton, 60 Mo. App. 42; Goldsberry v. Eades, 161 Mo. App. 8. (1) The special contract entitled defendants to the commission. (2) Irrespective of the special contract,…
1Opinion of the Court
ELLISON, P. J. —
Plaintiff’s action is to recover five hundred dollars, the amount of a deposit left with defendants in a proposed real estate deal. Defendants are partners in the real estate brokerage business and *557they filed a counterclaim for the same amount as commission alleged to be dne them from plaintiff on account of such deal. The deposit was conceded and the controversy is over plaintiff’s liability to defendants for a commission. The trial court considered that the case made entitled defendants to a commission, and therefore peremptorily directed a verdict for plaintiff for the…
2Cases cited9 opinions
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Moore v. IrwinSupreme Court of Arkansas · 1909
- Wright v. BrownMissouri Court of Appeals · 1897
- Love v. OwensMissouri Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Oregon Home Builders v. Montgomery Inv. Co.Oregon Supreme Court · 1919
- Doerflinger Realty Company v. FieldsMissouri Court of Appeals · 1955
- Simmons v. LibbeyNew Mexico Supreme Court · 1949
- Bird v. RowellMissouri Court of Appeals · 1914
- Burdett v. ParishMissouri Court of Appeals · 1915
6 more not listed; retrieve them via the Exa API.