Rogers v. Gosnell
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. I. The contract of July 18th, 1868, between the Johnson heirs and defendant, was an executory contract on both sides, in which the obligation of either party was dependent upon the performance of the opposite party, and which was subject to the control of the parties making it, and liable to be rescinded by them. (Bonaffe vs. Lane, 5 La. Ann., 225.) II.
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Appeal from, Jackson Circuit Court. I. The contract of July 18th, 1868, between the Johnson heirs and defendant, was an executory contract on both sides, in which the obligation of either party was dependent upon the performance of the opposite party, and which was subject to the control of the parties making it, and liable to be rescinded by them. (Bonaffe vs. Lane, 5 La. Ann., 225.) II. The question in this case is not covered by the decision in Lawrence vs. Fox, (20 N. Y., 268). It may be remarked, -that in that case the contract was an executed one. The questions of law in this case were…
1Opinion of the CourtWagner, Judge
From the record it appears that the plaintiffs were real estate agents, and as such they were employed to sell a piece of property for a specific amount. They succeeded in mak*590ing sale of the same to the defendant, and by the written agreement entered into between the parties to the sale, which provided that the payments on the one side and the execution of the deed on the other, should both be made at a future time, it was expressly agreed that the. defendant should, pay the plaintiffs one hundred and fifty dollars, the amount sued for in this action, as a part of their commission, it being…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Rogers v. GosnellSupreme Court of Missouri · 1873
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
3Cited by40 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Devers v. HowardSupreme Court of Missouri · 1898
- Rhorbacker v. Citizens Building Ass'nOhio Supreme Court · 1941
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
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