Bailey v. Moorhead
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Lewis Hoffman, Judge. (1) The real estate agent before he can claim his commission must bring the buyer and seller together so that they can close the contract or he must procure a valid, written contract signed by the purchaser so that it can be enforced by the seller against' the buyer. Mat-tingly v. Penny, 105 Cal. 514; 45 Am. St. Rep. 87; Gelatt v. Ridge, 117 Mo. 560; Huggins v. Hern, 74 Mo.
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Appeal from Pettis Circuit Court. — Eon. Lewis Hoffman, Judge. (1) The real estate agent before he can claim his commission must bring the buyer and seller together so that they can close the contract or he must procure a valid, written contract signed by the purchaser so that it can be enforced by the seller against' the buyer. Mat-tingly v. Penny, 105 Cal. 514; 45 Am. St. Rep. 87; Gelatt v. Ridge, 117 Mo. 560; Huggins v. Hern, 74 Mo. App. 88; Wright & Orrison v. Brown, 68 Mo. App. 583; Heckman v. Gutweiler, 66 Mo. App.' 249. (2) It is true there was a special proposition wired by defendant…
1Opinion of the CourtEllison, J.
This action was instituted to recover a commission for procuring a purchaser for some real estate owned by defendant in the city of Sedalia, where plaintiffs reside. The judgment in the trial court was for plaintiffs.
There was correspondence by letter and telegrams between plaintiff's and defendant in reference to the property, its condition, its rental and its sale. Much of the detail of the evidence is unnecessary to an understanding of the ground of our decision and will be omitted. There was no sale made of the property, nor was there any binding contract of sale executed. But plaintiffs…
2Cases cited3 opinions
- Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
- Egger v. NesbittSupreme Court of Missouri · 1894
- T. M. James & Sons v. Marion Fruit Jar & Bottle Co.Missouri Court of Appeals · 1897
3Cited by1 opinion
- Houston & Brazos Valley Railroad v. Joseph Joseph & Bros.Missouri Court of Appeals · 1912