Nichols v. Whitacre
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. (1) The theory of the court would perhaps have been correct, had respondent produced a purchaser, ready, willing and able to pay cash for the two farms; and perhaps if such cash purchaser had been produced, misrepresentations made to his principal thereafter, would not have affected respondent’s right to recover; but a cash customer was not produced.
Read the full summary
Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. (1) The theory of the court would perhaps have been correct, had respondent produced a purchaser, ready, willing and able to pay cash for the two farms; and perhaps if such cash purchaser had been produced, misrepresentations made to his principal thereafter, would not have affected respondent’s right to recover; but a cash customer was not produced. (2) The procuring cause of the trade was the representations made by respondent, and the purchaser in his presence to appellant. (3) We take it to be the well-settled law of this State…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover commission as a broker on a contract made between himself and defendant to procure for the latter a purchaser or an exchange of property for two farms, one consisting of 103 acres and the other 165 acres, for which he was to receive as such commission one dollar per acre. The plaintiff procured a purchaser in one, Samuel Surprise, of Storm Lake, Iowa, for the larger farm, the same party exchanging a house and lot in Iowa for the smaller farm. Thus far, there is no dispute between the parties *694except that defendant contends that plaintiff’s commisison was to…
2Cases cited5 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Jones v. BerryMissouri Court of Appeals · 1889
- Gwinnup v. SibertMissouri Court of Appeals · 1904
- Reeves v. VetteMissouri Court of Appeals · 1895
3Cited by7 opinions
- Hovey & Brown v. AaronMissouri Court of Appeals · 1908
- Cooper v. UptonWest Virginia Supreme Court · 1906
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Good v. RobinsonMissouri Court of Appeals · 1916
- Jennings v. OverholtMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.