Daugherty v. Stocks
Missouri Court of Appeals
Appeal from Boone Circuit Court.— Hon. D. H. Harris, J udge. (1) There was not only a total failure of proof to support it, but defendant’s own testimony negatived the principal hypothesis. Friedman v. Pulitzer Publishing Co., 102 Mo. App. 683; Hewitt v. Steele, 118 Mo. 463; Beauchamp v. Higgins, 20 Mo. App. 514; Sallee v. McMurry, 113 Mo. App. 153; Mateer v. Railroad, 105 Mo. 320; Campbell v. Van Houten, 44 Mo. App. 231; Newell v. St. Louis Bolt Co., 5 Mo.
Read the full summary
Appeal from Boone Circuit Court.— Hon. D. H. Harris, J udge. (1) There was not only a total failure of proof to support it, but defendant’s own testimony negatived the principal hypothesis. Friedman v. Pulitzer Publishing Co., 102 Mo. App. 683; Hewitt v. Steele, 118 Mo. 463; Beauchamp v. Higgins, 20 Mo. App. 514; Sallee v. McMurry, 113 Mo. App. 153; Mateer v. Railroad, 105 Mo. 320; Campbell v. Van Houten, 44 Mo. App. 231; Newell v. St. Louis Bolt Co., 5 Mo. App. 253. (2) The court erred in giving the third instruction for defendant. Walters v. Cos, 67 Mo. App. 299; Thompson v. Botts, 8 Mo.…
1Opinion of the CourtEllison, P. J.
Plaintiff is a real estate broker and brought, this action to recover a commission he claims is due him from defendant for procuring a purchaser for defendant’s farm in Boone county. The judgment in the circuit court was for defendant.
It appears that defendant authorized plaintiff to procure him a purchaser for his farm and town residence and that afterwards plaintiff procured’ one'Kelly, who resided in Watseka, Illinois, and that there resulted a contract between him and defendant whereby they would exchange properties; and $5000 in cash, representing difference in value, was to be paid by…
2Cases cited3 opinions
- Carter v. OwensSupreme Court of Florida · 1909
- Hynes v. BrettelleMissouri Court of Appeals · 1897
- Whaples v. FahysAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Tant v. GeeSupreme Court of Missouri · 1941
- James E. Carlson, Inc. v. BablerSupreme Court of Minnesota · 1919