Collins v. Hoover
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) The plaintiff never at any time produced a purchaser ready, willing, and able to buy the land upon the terms and conditions authorized by the defendant, as above pointed out, and the trial court should therefore have instructed the jury to return a verdict for the defendant. Harwood v. Triplett, 34 Mo. App. 273; Young v. Ruhwedel, 119 Mo.
Read the full summary
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) The plaintiff never at any time produced a purchaser ready, willing, and able to buy the land upon the terms and conditions authorized by the defendant, as above pointed out, and the trial court should therefore have instructed the jury to return a verdict for the defendant. Harwood v. Triplett, 34 Mo. App. 273; Young v. Ruhwedel, 119 Mo. App. 281; McCormick v. Obanion, 168 Mo. 614; Grelatt v. Ridge, 117 Mo. 553. (2) “A presumption must, be based upon a fact and not upon inference or upon another…
1Opinion of the CourtBradley, J.
This is a suit to recover a commission alleged to be due plaintiffs for finding a purchaser able, ready and willing to buy defendant’s land. The cause was tried to a jury, and plaintiffs obtained a judgment for $500 and defendant appealed.
Plaintiffs allege that on or about January 31, 1918, defendant listed with and authorized them to sell his farm in Pemiscot county for the price and sum of $85 per acre net to him, the purchaser to assume a certain mortgage, and pay balance in cash. That on or about May 2, 1918, plaintiffs sold said land to one Rhein who was able, ready and willing to buy at…
Also in this document: Concurrence.
2Cases cited6 opinions
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
- Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
- Ward v. D. A. Morr Transfer & Storage Co.Missouri Court of Appeals · 1906
- Goucher v. Carthage Novelty Co.Missouri Court of Appeals · 1906
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frank v. Metropolitan Life InsuranceWisconsin Supreme Court · 1938
- Armour & Co. v. American Automobile InsuranceSupreme Court of Missouri · 1935
- Hitz v. Ohio Fuel Gas Co.Ohio Court of Appeals · 1932