Bird v. Rowell
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hoot. A. A. Whitsett, Judge. When a broker employed to sell real estate procures a purchaser financially able to buy and the purchaser is accepted and enters into a valid written contract with vendor to purchase on the terms named, then the broker has earned his commission, even though the purchaser afterwards refuses to carry out the contract. Love v. Owens, 31 Mo. App. 501; Stinde v. Scharff, 36 Mo. App. 15; Gerhart v. Peck, 42 Mo.
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Appeal from Johnson Circuit Court. — Hoot. A. A. Whitsett, Judge. When a broker employed to sell real estate procures a purchaser financially able to buy and the purchaser is accepted and enters into a valid written contract with vendor to purchase on the terms named, then the broker has earned his commission, even though the purchaser afterwards refuses to carry out the contract. Love v. Owens, 31 Mo. App. 501; Stinde v. Scharff, 36 Mo. App. 15; Gerhart v. Peck, 42 Mo. App. 644; Hayden v. Grillo, 35 Mo. App. 647; Goldsberry v. Eades, 161 Mo. App. 8; Lombard v. Sills, 170 Mo. App. 555; Wright…
1Opinion of the CourtTrimble, J.
Plaintiff, a real estate broker, brought this suit in two counts. The first is to recover the sum of $125 agreed upon as plaintiff’s commission' from defendant for bringing two landowners together and bringing about an exchange of defendant’s farm for a farm belonging to one Wolfe; and the second is to recover the sum of $500 damages for causing the plaintiff to be defeated from collecting that amount of Wolfe as commission due from him. Both defendant and Wolfe knew that plaintiff was acting for both in the trade and consented that he should receive a commission from each, so there is no…
2Cases cited19 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- Black v. EarlySupreme Court of Missouri · 1907
- Schneider v. PattonSupreme Court of Missouri · 1903
- Hoester v. SammelmannSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
- Politte v. WallMissouri Court of Appeals · 1953
- Ransom v. Potomac InsuranceMissouri Court of Appeals · 1931
- Baker v. GreerCourt of Appeals of Texas · 1919
- Youngman v. MillerMissouri Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.