Wilson v. Rafter
Missouri Court of Appeals
Error to Cape1 Girardeau Court of Common Pleas. — Hon. R. G. Ranney, Judge. (1) A plaintiff’s right of recovery is determined by the condition of things at the time the suit is brought and cannot be helped out by events occurring thereafter. Tobin v. McCann, 17 Mo. App. 483; Hudson v. Burk, 48 Mo. App. 314; Werth v. City of Springfield, 22 Mo. App. 12; Lawler v. Vette, 166 Mo.
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Error to Cape1 Girardeau Court of Common Pleas. — Hon. R. G. Ranney, Judge. (1) A plaintiff’s right of recovery is determined by the condition of things at the time the suit is brought and cannot be helped out by events occurring thereafter. Tobin v. McCann, 17 Mo. App. 483; Hudson v. Burk, 48 Mo. App. 314; Werth v. City of Springfield, 22 Mo. App. 12; Lawler v. Vette, 166 Mo. App. 342. (2) An instruction in the nature of a demurrer to the evidence is sufficient to raise the point that the suit was prematurely brought. Lawler v. Vette, 166 Mo. App. 342. (3) A deed absolute on its face may he…
1Opinion of the CourtAllen, J.
This is an action to recover a commission alleged to be due plaintiff upon the sale of certain lands owned or controlled by the defendant. There was a verdict and judgment for plaintiff below, and *359the defendant has brought the ease here by writ of error.
On November 11,1909, defendant, a resident of the State of Georgia, entered into an agreement with plaintiff, a real estate broker residing in Cape Girardeau, Missouri, whereby, in consideration of the sum of $500 paid to him by plaintiff, he gave plaintiff an option to purchase certain timber lands in Georgia owned by him, or upon which he…
2Cases cited3 opinions
- Hughes & Thurman v. DoddMissouri Court of Appeals · 1912
- Jennings v. OverholtMissouri Court of Appeals · 1915
- Dillard v. FieldMissouri Court of Appeals · 1913
3Cited by8 opinions
- Staples v. O'REILLYMissouri Court of Appeals · 1956
- Preston v. PostelDistrict Court, S.D. Texas · 1922
- First Nat. Bank of Houston v. Cardinell.Court of Appeals of Texas · 1931
- O'Neil v. O'NeilCourt of Appeals of Texas · 1924
- Youngman v. MillerMissouri Court of Appeals · 1922
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