Gaty v. Foster
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Givan, J. Statement of case by the court. This suit is brought upon a contract by which defendant employed the plaintiff as a real estate broker to sell or to find and send to defendant a purchaser for the latter’s farm of 120 acres for the price and sum of $3,600. In the form of answers to questions, in the contract, the farm is minutely described by the defendant.
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Appeal from Johnson Circuit Court, Hon. Noah M. Givan, J. Statement of case by the court. This suit is brought upon a contract by which defendant employed the plaintiff as a real estate broker to sell or to find and send to defendant a purchaser for the latter’s farm of 120 acres for the price and sum of $3,600. In the form of answers to questions, in the contract, the farm is minutely described by the defendant. In answer to the question, “When could you give possession?” contained in the contract, the defendant answered, ‘ ‘Any time.” This answer contained one of the conditions on which the…
1Opinion of the Court
Opinion by
Hall, J.
The defendant complains here of the giving of plaintiff’s instructions, numbers one and three.
We think, as contended by defendant, with a certain limitation, ‘ ‘ that after a broker has been allowed a reasonable time in which to procure a buyer and effect a sale and has failed to do so, and the seller, in good faith and fairly, has terminated the agency, and himself consummated a sale, it does not give the broker a right to commission because the purchaser is one whom he introduced, and the final sale is, in some degree, aided or helped forward by his previous unsuccessful…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Tyler v. ParrSupreme Court of Missouri · 1873
- Loos ex rel. Loos v. John Hancock Mutual Life InsuranceSupreme Court of Missouri · 1867
- Timberman v. CraddockSupreme Court of Missouri · 1879
- Budd v. ZollerSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stinde v. BleschMissouri Court of Appeals · 1890
- Christensen v. WooleyMissouri Court of Appeals · 1890
- Denis, Danziger & Tessier v. TiltonSupreme Court of Louisiana · 1907
- Phister v. GoveMissouri Court of Appeals · 1892
- Denis v. TiltonLouisiana Court of Appeal · 1907
1 more not listed; retrieve them via the Exa API.