Cox v. Bowling
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stkatton, Judge. Before the plaintiff was entitled to recover he should have shown that he had complied with his part of the contract. Blackwell v. Adams, 28 Mo. App. 63; Reiger v. Bigger, 29 Mo. App. 421, cited and approved in Barlmess & Russel v. Briscoe, 47 Mo.. App. 202; Gaty v. Foster, 18 Mo. App. 643; Sibald v. Iron Co., 83 N. Y. 378, cited and approved in Gcvty v. Foster, supra; ' Wyle i). Marine Nat.
Read the full summary
Appeal from the Barton Circuit Court. — Hon. D. P. Stkatton, Judge. Before the plaintiff was entitled to recover he should have shown that he had complied with his part of the contract. Blackwell v. Adams, 28 Mo. App. 63; Reiger v. Bigger, 29 Mo. App. 421, cited and approved in Barlmess & Russel v. Briscoe, 47 Mo.. App. 202; Gaty v. Foster, 18 Mo. App. 643; Sibald v. Iron Co., 83 N. Y. 378, cited and approved in Gcvty v. Foster, supra; ' Wyle i). Marine Nat. Bank, 61 N. Y. 416; Beauchamp v. Higgins, 20 Mo. App. 517; 1 Ewell’s Evans on Agency, ch. 8, p. 132-133; Mechem on Agency, par. 238, ch.…
1Opinion of the CourtGill, J.
— This is a suit for commissions for sale of real estate. Plaintiff had judgment below, and defendant appealed. The material facts are about as follows: Bowling owned a house and lot in Lamar, Missouri, which he desired to sell. He agreed with Cox, an agent, that if he, Cox, would find a purchaser for the house and lot at the price of $2,500 he would allow him $100 as commissions. Cox entered into negotiations with one Snyder, a resident of Lamar, and made an effort to sell the property to Snyder at the fixed price of $2,500. Snyder refused to give that sum and offered to purchase at a less…
2Cited by2 opinions
- Wade v. NelsonMissouri Court of Appeals · 1906
- Lipscomb & Russ v. ColeMissouri Court of Appeals · 1899