Legal Opinion

Rumbolz v. Bennett

Missouri Court of Appeals

Decided December 4, 1900PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. John A. Tally, Judge. Plaintiff can not state one cause of action in Ms petition and recover upon another. Reed v. Bott, 100 Mo. 62; Sedaba Gaslight Company v. Mercer, 48 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. John A. Tally, Judge. Plaintiff can not state one cause of action in Ms petition and recover upon another. Reed v. Bott, 100 Mo. 62; Sedaba Gaslight Company v. Mercer, 48 Mo. App. 644; Gurley v. Railroad, 93 Mo. 445; Eeurth v. Anderson, 87 Mo. 354; Link v. Vaughn, 17 Mo. 585; Clements v. Teates, 69 Mo. 623. (1) The statement is equivalent to an account for commission, $60; without stating any basis of commission, and that is sufficient. Einley v. Dyer, 79 Mo. App. 604. (2) There was no variance between statement of cause of action and…

1Opinion of the CourtBiggs, J.

This ease originated before a justice of the peace. The complaint is as follows, to-wit:

“Plaintiff states that he is a real estate agent in the city of Bunker Hill, county of Macoupin, state of Illinois.
“That on, to-wit, April, 1898, defendant was the owner of a certain house and lots in the county of Macoupin aforesaid; that the said defendant requested plaintiff to sell or assist in the selling or trading of said property, and agreed to pay plaintiff the sum of, to-wit, sixty ($60) dollars as a commission for his services in selling or assisting in the selling or trading of said property;…

2Cases cited1 opinion

  1. Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880

3Cited by1 opinion

  1. Took v. WellsSupreme Court of Missouri · 1932

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