Atterbury v. Hopkins
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Son. John P. Butler, Judge. (1) A real estate agent or broker, without agree'ment with both parties to that effect, cannot contract to take commissions from both sides, and if he does so, he cannot recover commissions from either party to the transaction. Chapman y. Curry, 51 Mo. App. 40, and cases cited.
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Appeal from Chariton Circuit Court. — Son. John P. Butler, Judge. (1) A real estate agent or broker, without agree'ment with both parties to that effect, cannot contract to take commissions from both sides, and if he does so, he cannot recover commissions from either party to the transaction. Chapman y. Curry, 51 Mo. App. 40, and cases cited. (2) Hopkins and Schrenk being co-tenants in the building contracted to be traded to Hendricks, the alleged notice to Hopkins by plaintiffs that they were also in the employ of Hendricks, would not be. notice to Schrenk of that fact, hence as to Schrenk…
1Opinion of the CourtEllison, J.
Defendants engaged the plaintiffs, for a stated commission to sell or exchange for them their stock of hardware and a house and lot, all in the town of Brunswick. Plaintiffs charge that they procured a purchaser for the property and that defendants refused to pay them their commission, whereupon they instituted this action. They prevailed in the trial court.
Much of the matter urged by the appellant against the judgment is outside the issues made by their answer and the theory upon which they tried the case in the circuit court. The answer admits the employment of plaintiffs and that they…
2Cases cited6 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Young v. SchofieldSupreme Court of Missouri · 1896
- Long v. LongSupreme Court of Missouri · 1883
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Boles v. BenningtonSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Strode v. Columbia Box Co.Missouri Court of Appeals · 1907
- Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1908
- Montgomery v. ClemMissouri Court of Appeals · 1926
- Peters v. CarrollMissouri Court of Appeals · 1911
- Mills v. WardMississippi Supreme Court · 1924