Beauchamp v. Higgins
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Hon. Jambs M. Davis, Judge. Statement of case by tie court. This is an action to recover commission by a real estate broker. The evidence tended to show, on the part of plaintiff, that tke defendant was part owner of a mill at Breckenridge, Missouri, wkere both, parties reside; and tkat defendant placed tke same in plaintiff’s kands to sell for Mm on a commission.
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Appeal from Caldwell Circuit Court, Hon. Jambs M. Davis, Judge. Statement of case by tie court. This is an action to recover commission by a real estate broker. The evidence tended to show, on the part of plaintiff, that tke defendant was part owner of a mill at Breckenridge, Missouri, wkere both, parties reside; and tkat defendant placed tke same in plaintiff’s kands to sell for Mm on a commission. Tke plaintiff made diligent effort to effect the sale, by soliciting various parties to purchase. He entered into negotiations with several parties, but, from some cause or other, they failed.…
1Opinion of the CourtPhilips, P. J.
I. The only error relied upon for a reversal of this judgment, worthy of consideration, is the action of the court in refusing and giving instructions. The court refused the folloAving instruction asked by plaintiff:
“2. If the jury believe from the evidence that defendant, Higgins, withdrew the sale of his interest in the mill from Beauchamp’s hands with the intention and purpose of avoiding the payment to said Beauchamp of a commission for his services in connection with the sale of said mill to Brown, and that they further believe that said Beauchamp was the procuring cause of negotiations…
2Cases cited3 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
- Bell v. KaiserSupreme Court of Missouri · 1872
3Cited by17 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- LaForce v. Washington UniversityMissouri Court of Appeals · 1904
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Stinde v. BleschMissouri Court of Appeals · 1890
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
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