Love v. Owens
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. ■ Statement of case by the court. This is an action to recover a broker’s commission for selling land.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. ■ Statement of case by the court. This is an action to recover a broker’s commission for selling land. The contract of employment is as follows : “Independence, Mo., February 3, 1887. “We hereby appoint Love & Lobb my agents to sell or trade the following property, to-wit (description of property): All of the Pendleton tract in Independence, Mo., at and for the sum of $42,500 ; and I agree to give my said agents 2| per cent, commission cash, on the sale thereof. “Terms: $12,000 cash.. W. H. Colvert. “J. H. Owens.” The plaintiffs…
1Opinion of the CourtPhilips, P. J.
The principal contention of appellants is, that notwithstanding the agent may procure a purchaser, ready and willing to enter into a contract to take the property on the terms proposed, or such as is agreeable to the seller, and the agent bring the seller and the purchaser together, who then enter into a written contract, executed by them, as in this case, yet if the purchaser afterward fail to come up and perform the contract, without any fault on the part of the seller, then the agent is not entitled to his commission, although the purchaser be perfectly solvent and able to perform.
As this…
2Cases cited14 opinions
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Love v. MillerIndiana Supreme Court · 1876
- Kimberly v. HendersonCourt of Appeals of Maryland · 1868
- Knapp v. . WallaceNew York Court of Appeals · 1869
- McCreery v. GreenMichigan Supreme Court · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Gilliland v. JaynesSupreme Court of Oklahoma · 1912
- Lunney v. HealeyNebraska Supreme Court · 1898
- Lemon v. LloydMissouri Court of Appeals · 1891
- Christensen v. WooleyMissouri Court of Appeals · 1890
13 more not listed; retrieve them via the Exa API.