Atterbury v. Hendricks
Missouri Court of Appeals
Appeal from Chariton Circuit Court.—Hon. John P. Butler} Judge. (1) Before plaintiffs would be entitled to recover it devolved upon them to prove that Hopkins & Schrenk were ready and Avilling to perform their contract with the defendant, or that they Avere financially able to respond in damages if they failed to perform their undertaking. Hayden v. Grillo, 26 Mo. App. 289; Hayden v. Grillo, 35 Mo. App. 647; Zeidler v. Walker, 41 Mo.
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Appeal from Chariton Circuit Court.—Hon. John P. Butler} Judge. (1) Before plaintiffs would be entitled to recover it devolved upon them to prove that Hopkins & Schrenk were ready and Avilling to perform their contract with the defendant, or that they Avere financially able to respond in damages if they failed to perform their undertaking. Hayden v. Grillo, 26 Mo. App. 289; Hayden v. Grillo, 35 Mo. App. 647; Zeidler v. Walker, 41 Mo. App. 118. (2) If Hopkins & Schrenk did not have a perfect title of record to their real estate in BrunsAvick, which they contracted to convey to defendant, they…
1Opinion of the CourtJohnson, J.
Plaintiffs, who were partners engaged in the business of real'estate agents, sued to recover a commission alleged to have been earned under' contract of employment with defendant. They prevailed in the trial court where the cause was tried before a jury and defendant appealed.
It is conceded that defendant employed plaintiffs to procure a purchaser of certain lands owned by him in Douglass county, Kansas, at the price of $29,112.50; that he agreed to accept either cash or other property of satisfactory character and price in payment of the consideration, and that he agreed to pay plaintiffs a *49c…
2Cases cited16 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Hurt v. FordSupreme Court of Missouri · 1898
- Wood v. HilbishMissouri Court of Appeals · 1886
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3Cited by3 opinions
- Finley v. WilliamsSupreme Court of Missouri · 1930
- Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Distler v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912