Legal Opinion

Big Four Realty Co. v. Clark

Missouri Court of Appeals

Decided November 30, 1909PublishedCited by 2 opinions

Appeal from. Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) Under the evidence in this cause, plaintiff was not entitled to recover. And the court erred in refusing peremptory instruction requested hy defendants. McKinley v. Williams, 74 Fed. 95; Mechem on Agency, 300; Jewelry Co. v. Bertig, 81 Mo. App. 398; Elec. Co. v. Bry, 88 Mo. App. 136; Bank v. Haywood, 62 Mo. App. 550; Trust Co. v. York, 81 Mo.

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Appeal from. Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) Under the evidence in this cause, plaintiff was not entitled to recover. And the court erred in refusing peremptory instruction requested hy defendants. McKinley v. Williams, 74 Fed. 95; Mechem on Agency, 300; Jewelry Co. v. Bertig, 81 Mo. App. 398; Elec. Co. v. Bry, 88 Mo. App. 136; Bank v. Haywood, 62 Mo. App. 550; Trust Co. v. York, 81 Mo. App. 342; Goode v. St. Louis, 113 M'o. 257; McMannus v. Gregory, 16 Mo. App. 375; Johnson County v. Wood, 84 Mo. 489; Insurance Co. v. Redman, 91 Mo. App. 49. (2) The contract in this…

1Opinion of the CourtNortoni, J.

This is a suit by a real estate agent for commissions alleged to have accrued on account of a sale or exchange of real estate for the defendants. The plaintiff recovered and defendants appeal.

The plaintiff, Big Four Realty Company, operates as a real estate agent at West Plains, Howell county, Missouri. It appears that at the time involved in the present controversy the Big Four Realty Company was owned and controlled by M. A. Cooper, Jr.

The defendants resided at or near Iola, Kansas, and owned a farm of eighty acres near West Plains in Howell county, Missouri. The plaintiff real estate…

2Cases cited3 opinions

  1. Deutmann v. KilpatrickMissouri Court of Appeals · 1891
  2. Wilcox v. BaerMissouri Court of Appeals · 1900
  3. Blanke v. DunnermannMissouri Court of Appeals · 1896

3Cited by2 opinions

  1. State ex rel. State Highway Commission v. JohnsonMissouri Court of Appeals · 1979
  2. Massachusetts Bonding & Ins. Co. v. Ray Dilschneider, IncCourt of Appeals for the Eighth Circuit · 1953

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