Gelatt v. Ridge
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) No sale was effected by the payment of $500' earnest money. Mastín v. Grimes, 88 Mo. 478; Ramsey v. West, 31 Mo. App. 676; Kelly v. Thuey, 102 Mo. 522. (2) Plaintiff varied from his authority, and the contract he made he was not authorized to make. First. He cannot recover here as upon a quantum meruit. Fgerman v. Cemetery Ass’n, 61 Mo. 489; Lewis v. Slack, 27 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) No sale was effected by the payment of $500' earnest money. Mastín v. Grimes, 88 Mo. 478; Ramsey v. West, 31 Mo. App. 676; Kelly v. Thuey, 102 Mo. 522. (2) Plaintiff varied from his authority, and the contract he made he was not authorized to make. First. He cannot recover here as upon a quantum meruit. Fgerman v. Cemetery Ass’n, 61 Mo. 489; Lewis v. Slack, 27 Mo. App. 119; Davis v. Brown, 67 Mo. 313;. Halpen v. Maurey, 33 Mo. App. 388; Warson v. McFlroy, 33 Mo. App. 553; Smith v. Haley, 41 Mo. App. 611-616. Second. If the…
1Opinion of the CourtMaofarlane, J.
The action is to recover commission by plaintiff, a real estate agent, for the sale of land for defendant under authority contained in the following writing:
“Kansas City, Mo., March 14, 1889.
“I hereby authorize J. M. Grelatt to sell my property at 1116 Main — 24ft. 3in. — for the sum of seventy thousand dollars; thirty thousand of which is to be paid in cash within thirty days of this date, ten thousand of which cash is to be paid within three days from date, and the remainder of my equity, twenty-three thousand dollars, to be paid in six months, with interest at the rate of six per cent..…
2Cases cited5 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Tyler v. ParrSupreme Court of Missouri · 1873
- Bell v. KaiserSupreme Court of Missouri · 1872
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Timberman v. CraddockSupreme Court of Missouri · 1879
3Cited by46 opinions
- Parker v. National Mutual Building & Loan Ass'nWest Virginia Supreme Court · 1904
- Sallee v. McMurryMissouri Court of Appeals · 1905
- McDearmott v. SedgwickSupreme Court of Missouri · 1897
- Beougher v. ClarkSupreme Court of Kansas · 1909
- Morgan v. KellerSupreme Court of Missouri · 1906
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