Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron, J. Hugo Grimm, Judge. The jury disobeyed the instruction of the court in this that they did not find for plaintiff for one per cent of the gross rentals reserved, together with interest. Instead they undertook to determine the issues according to their own rough shod notions of justice, rather than according to the law as epitomized and applied by the instructions. Cole v. Armour, 154 Mo. 333; Wehriiiger v. Ahlemeyer, 23 Mo.
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Appeal from St. Louis City Circuit Court. — Ron, J. Hugo Grimm, Judge. The jury disobeyed the instruction of the court in this that they did not find for plaintiff for one per cent of the gross rentals reserved, together with interest. Instead they undertook to determine the issues according to their own rough shod notions of justice, rather than according to the law as epitomized and applied by the instructions. Cole v. Armour, 154 Mo. 333; Wehriiiger v. Ahlemeyer, 23 Mo. App. 277; Rafferty v. Railroad, 15 Mo. App. 559; Crigler v. Duncan, 121 Mo. App. 381; Contracting Co. v. Wrecking Co.,…
1Opinion of the CourtNortoni, J.
This is a suit for commissions alleged to have been earned by plaintiff under an express contract. Plaintiff recovered and defendant prosecutes an appeal.
There is but one question presented for decision and that relates to the fact the jury returned a verdict for just one-half the amount sued for, when it appears that under the terms of the contract plaintiff should recover, if anything, the full amount therein stipulated. *628Plaintiff, an incorporated company, is engaged in the real estate business in St. Louis. Defendant, an incorporated company, owns a ninety-nine year leasehold on the…
2Cases cited7 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Gaty v. SackMissouri Court of Appeals · 1885
- Chinn v. DavisMissouri Court of Appeals · 1886
- Crigler v. DuncanMissouri Court of Appeals · 1907
- Alderman v. CoxSupreme Court of Missouri · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Busse v. WhiteSupreme Court of Missouri · 1924
- Lanowah Investment Co. v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1942
- McMonigal v. North Kansas City Development Co.Missouri Court of Appeals · 1939
- Polen v. Kansas City Chip Steak Co.Missouri Court of Appeals · 1966
- Witty v. SalingMissouri Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.