Legal Opinion

Russell v. Poor

Missouri Court of Appeals

Decided December 7, 1908Published

Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The court erred in not giving the peremptory instruction requested by the defendant. Mo. Ann. Stat. 1906, sec. 1993; Rothwell y. Gibson, 121 Mo.

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Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The court erred in not giving the peremptory instruction requested by the defendant. Mo. Ann. Stat. 1906, sec. 1993; Rothwell y. Gibson, 121 Mo. App. 279. (2) It has been held in Missouri that before a real estate broker is entitled to a commission for the sale or exchange of property, it is necessary that his acts must be the procuring and inducing cause and that it will not suffice for his act to he merely one of the chain of causes producing the contract. Stinde v. Belsch. 42 Mo. App. 578; Ramsey V. West, 31 Mo. App.…

1Opinion

ON REHEARING

JOHNSON, J.

In the foregoing opinion, we 'omitted reference to the objection to plaintiff’s first instruction duly presented in the record and discussed in the *728briefs of counsel for defendant. The instruction is as follows:

“The court instructs the jury that if they find from the evidence in this case that plaintiff on or about April, 1904, and thereafter, was engaged in business in Kansas City, Missouri, as a real estate broker, and that defendant, about said date, at the solicitation of the plaintiff, placed his residence on Park avenue referred to in the evidence, in plaintiff’s…

2Cases cited2 opinions

  1. Mead v. ArnoldMissouri Court of Appeals · 1908
  2. Pearce v. HoytMissouri Court of Appeals · 1909

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