Graf & Case Realty Co. v. Lovell
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon, G. A. Wurdeman, Judge. (1) The court erred in giving plaintiff’s instruction No. 1. Dodge v. Childers, 167 Mo. App. 449'; Loving v. Cattle Co., 176 Mo. 351; La Force v. Washington University, 106 Mo. App. 523; Gamble v. Grether, 108 Mo. App. 340; Hughes v. Dodd, 164 Mo. App. 454. (2) The broker must be the procuring cause of the contract on which he depends for his recovery.
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Appeal from St. Louis County Circuit Court. — Hon, G. A. Wurdeman, Judge. (1) The court erred in giving plaintiff’s instruction No. 1. Dodge v. Childers, 167 Mo. App. 449'; Loving v. Cattle Co., 176 Mo. 351; La Force v. Washington University, 106 Mo. App. 523; Gamble v. Grether, 108 Mo. App. 340; Hughes v. Dodd, 164 Mo. App. 454. (2) The broker must be the procuring cause of the contract on which he depends for his recovery. It will not suffice that his act be one of the chain of causes producing the contract. It must be the causa causans. Bigham v. Linville, 170 Mo. 354; Crain v. Miles, 154…
1Opinion of the CourtNortoni, J.
This is a suit by a real estate broker to recover commissions, on the theory that it was the procuring cause of the sale of a parcel of . real estate. The finding and judgment were for plaintiff and defendants prosecute the appeal. We adopt from appellant’s brief the clear and concise statement of facts prepared by its counsel.
“On behalf of the plaintiff the evidence tended to show the following:
“The plaintiff, Graf & Case Realty Company, is a corporation, and engaged in the real estate business in the city of Ferguson, St. Louis county, Mr. Charles Graf being its president and treasurer. Mr.…
2Cases cited2 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Dodge v. ChildersMissouri Court of Appeals · 1912
3Cited by2 opinions
- Olson v. PenkertSupreme Court of Minnesota · 1958
- Taussig, Day & Co. v. PolemanSupreme Court of Missouri · 1950