Bunyard v. Farman
Missouri Court of Appeals
Appeal from Dent County Circuit Court.—Hon. L. B. Woodside, Judge. (1) Before the broker negotiating the sale can put the vendor in the wrong and claim commission on the ground of vendor’s default in conveyance, he must show that his alleged purchaser had the ability; that is, the cash, ready to pay when he demands conveyance. 39 Cyc. 246-, note 93. Hayden v. Grill, 26 Mo. 289; Harmon v. Enright, 107 Mo. App. 560; Butler v. Baker, 33 Am. St. Rep.
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Appeal from Dent County Circuit Court.—Hon. L. B. Woodside, Judge. (1) Before the broker negotiating the sale can put the vendor in the wrong and claim commission on the ground of vendor’s default in conveyance, he must show that his alleged purchaser had the ability; that is, the cash, ready to pay when he demands conveyance. 39 Cyc. 246-, note 93. Hayden v. Grill, 26 Mo. 289; Harmon v. Enright, 107 Mo. App. 560; Butler v. Baker, 33 Am. St. Rep. (R. I.) 897. (2) The vendor was entitled, after notice that a purchaser had been found, to a reasonable time in which to prepare deed and abstract.…
1Opinion of the CourtFarrington, J.
This is a suit by a real estate broker to recover commission. Upon trial by jury, plaintiff recovered a judgment for $800, and the appeal is brought by the defendant.. Bunyard, the respondent, a real estate broker, entered into a contract with the appellant dated February 1, 1911, by the terms of which respondent paid appellant $300 for the exclusive right to sell within one year from the date of the contract certain land belonging to the appellant (320 acres) which, according to the contract, respondent could sell and retain for his commission all over the sum of $8000', and it was agreed…
Also in this document: Concurrence.
2Cases cited7 opinions
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Mason v. PayneSupreme Court of Missouri · 1871
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- McNamara v. PengillySupreme Court of Minnesota · 1894
- Peter St. Clair v. HellwegMissouri Court of Appeals · 1913
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3Cited by6 opinions
- Laack v. DimmickCalifornia Court of Appeal · 1928
- Norman v. McLellandMissouri Court of Appeals · 1962
- Boardman v. CourteenWisconsin Supreme Court · 1918
- Wethmeier v. YontzMissouri Court of Appeals · 1921
- Rylee v. De FiniCalifornia Court of Appeal · 1955
1 more not listed; retrieve them via the Exa API.