McDonnell v. Stevinson
Missouri Court of Appeals
Appeal from Boone Circuit Court.— Hon. John A. II ocha day, Judge. (1) The court erred in overruling the plaintiff’s motion for new trial.
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Appeal from Boone Circuit Court.— Hon. John A. II ocha day, Judge. (1) The court erred in overruling the plaintiff’s motion for new trial. Schmidt v. Railroad, 149 Mo. 282; Bank v. Armstrong, 92 Mo. 265. (2) “While appellate courts will not review the action of trial courts in granting or refusing new trials where there is evidence to support it on the ground that the verdict is contrary to the weight of the evidence, such where it does not appeal to the trial case, on the contrary when it appears that the verdict is unsupported by the evidence, or that injustice has been done, it is the duty…
1Opinion of the CourtBroaddus, J.
This is a suit upon contract to recover $100 as commission for the alleged sale of defendant’s farm. The petition alleged that a contract was entered into between plaintiff and defendant whereby defendant agreed to pay plaintiff said sum, provided plaintiff found a purchaser for the land at the price of $5,000.
There was evidence that plaintiff, who resided in Hallsville, Mo., was a real estate broker; that he had negotiations with a man by the name of Ryman, who was willing and able to purchase defendant’s land at the price above mentioned; that plaintiff brought said Ry-man and defendant…
2Cases cited3 opinions
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- C. P. Deatherage Lumber Co. v. SnyderMissouri Court of Appeals · 1896
- Walker v. GuthrieMissouri Court of Appeals · 1903
3Cited by5 opinions
- King v. StephensonSupreme Court of Oklahoma · 1911
- Winemiller v. MatthewsSupreme Court of Oklahoma · 1926
- Bay v. WankMissouri Court of Appeals · 1923
- Phœnix Securities Co. v. DittmarCourt of Appeals for the Ninth Circuit · 1915
- Watson v. EstherMissouri Court of Appeals · 1920