Legal Opinion

Gamble v. Grether

Missouri Court of Appeals

Decided November 15, 1904PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) Notwithstanding one holds himself out as a partner, when in fact he is not such, he is not liable to a creditor unless the creditor was induced to act upon the representation, or extended credit on the strength of his being a partner. Hannah v. Baylor, 27 Mo.

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Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) Notwithstanding one holds himself out as a partner, when in fact he is not such, he is not liable to a creditor unless the creditor was induced to act upon the representation, or extended credit on the strength of his being a partner. Hannah v. Baylor, 27 Mo. App. 302; Bissel v. Wade, 129 Mo. 439, 31 S. W. 928. (2) Where real estate has been placed in the hands of an agent for sale and he finds a customer to whom the owner sells the property either personally or through another agent, he is entitled to compensation…

1Opinion of the CourtGoode, J.

— The respondent sued for rents collected by the appellants as her agents and they counterclaimed for a commission alleged to be due them for selling a piece of property in St. Louis belonging to the respondent. An issue was raised as to whether Ells-*343worth T. Grether was a member of the firm of John Grether & Company, employed by the respondent to act as her agents.

After hearing the evidence the court below directed the jury to find a verdict in respondent’s favor on her account against all the appellants and on the counterclaim as well.

It is asserted that error was committed in ordering a…

2Cases cited3 opinions

  1. Rimel v. HayesSupreme Court of Missouri · 1884
  2. Hahlo v. MayerSupreme Court of Missouri · 1890
  3. Wolff v. RosenbergMissouri Court of Appeals · 1896

3Cited by12 opinions

  1. Armco Steel Corporation, a Corporation v. Realty Investment Company, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1960
  2. Kyle v. Kansas City Life InsuranceSupreme Court of Missouri · 1947
  3. Holman v. FincherMissouri Court of Appeals · 1966
  4. Quist v. GoodfellowSupreme Court of Minnesota · 1906
  5. Rogers v. McCuneMissouri Court of Appeals · 1955

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