Legal Opinion

Hughes & Thurman v. Dodd

Missouri Court of Appeals

Decided April 1, 1912PublishedCited by 20 opinions

Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Appellants procured the purchaser and brought about the sale. Therefore they' are entitled to the regular commission on the amount paid, to-wit, $4150; Nichols v. Whiteacre, 112 Mo. App. 692; Gwinup v. Sibert, 106 Mo.

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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Appellants procured the purchaser and brought about the sale. Therefore they' are entitled to the regular commission on the amount paid, to-wit, $4150; Nichols v. Whiteacre, 112 Mo. App. 692; Gwinup v. Sibert, 106 Mo. App. 709. (2) If the seller reduces the price from that given the broker, and accepts a smaller sum, he is liable to the broker for his regular commission on the amount of the proceeds actually realized. Glade v. Mining Co., 129 Mo. App. 443; Grether v. McCormick, 79 Mo. App. 325; Hobey & Brown v. Aaron, 122…

1Opinion of the CourtNixon, P. J.

This is an action by plaintiffs as real estate brokers for tbeir commission for tbe sale-of defendant’s property. Defendants obtained judgment and plaintiffs appealed.

Appellants alleged in tbeir petition “that on or about November, 1910, tbe defendant employed tbe plaintiffs to sell bis livery barn for him and agreed to allow them for tbeir services tbe usual commission; that in pursuance of said employment they procured a purchaser for said barn and that tbe defendant sold tbe same to said purchaser and conveyed it by sufficient warranty deed and received from said purchaser tbe sum of five…

2Cases cited6 opinions

  1. Parker v. National Mutual Building & Loan Ass'nWest Virginia Supreme Court · 1904
  2. LaForce v. Washington UniversityMissouri Court of Appeals · 1904
  3. Blackwell v. AdamsMissouri Court of Appeals · 1887
  4. Noyes v. CapertonWest Virginia Supreme Court · 1910
  5. Atkinson v. City of NevadaMissouri Court of Appeals · 1908

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3Cited by20 opinions

  1. Tant v. GeeSupreme Court of Missouri · 1941
  2. Nichols v. PendleyMissouri Court of Appeals · 1960
  3. Dugan v. TroutMissouri Court of Appeals · 1954
  4. Clarkson v. Standard Brass Manufacturing Co.Missouri Court of Appeals · 1943
  5. Staples v. O'REILLYMissouri Court of Appeals · 1956

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