Smith v. Truitt
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Plaintiff’s statement of Ms cause of action is insufficient. It fails to state a contract. It does not state the ownership of the property, nor inform the defendants of the basis of plaintiff’s claim. Whether plaintiff seeks to recover on a contract or on a quantum meruit. Drug Co. v. Johnson, 80 Mo. App. 428; Redmond v. Railroad, 90 Mo. App. 68; Turner v. McCook, 77 Mo. App. 196; McCreary v. Good, 74 Mo.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Plaintiff’s statement of Ms cause of action is insufficient. It fails to state a contract. It does not state the ownership of the property, nor inform the defendants of the basis of plaintiff’s claim. Whether plaintiff seeks to recover on a contract or on a quantum meruit. Drug Co. v. Johnson, 80 Mo. App. 428; Redmond v. Railroad, 90 Mo. App. 68; Turner v. McCook, 77 Mo. App. 196; McCreary v. Good, 74 Mo. App. 426; Doggett v. Blanke, 70 Mo. App. 499. (2) Plaintiff’s instructions were erroneous. They entirely ignore the…
1Opinion of the CourtBroaddus, J.
This is a suit by plaintiff for commission for sale of real estate. The cause originated in a justice’s court where trial was had. Appeal was taken to the circuit court where plaintiff recovered and defendants appealed here. It is conceded that defendants employed plaintiff to sell a, certain dwelling and lots in the town of Columbia, Missouri, and that he endeavored to sell the property to Dr. Cole, who finally became the purchaser.
The evidence was substantially as follows: That in July, 1902, plaintiff was endeavoring to make a sale of the property named and showed it to several persons,…
2Cases cited5 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Bell v. KaiserSupreme Court of Missouri · 1872
- Henderson & Jones v. MaceMissouri Court of Appeals · 1896
- Cunliff v. HausmanMissouri Court of Appeals · 1902
- Larow v. BozarthMissouri Court of Appeals · 1897
3Cited by8 opinions
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Beougher v. ClarkSupreme Court of Kansas · 1909
- Vogeler v. PunchSupreme Court of Missouri · 1907
- Hoover v. WhisnerMissouri Court of Appeals · 1963
- Shortridge v. RaiffeisenMissouri Court of Appeals · 1920
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