Legal Opinion

Fair v. Preston

Missouri Court of Appeals

Decided June 8, 1911PublishedCited by 3 opinions

Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) Tbe plaintiff’s instructions are unquestioned law. Where a real estate broker entrusted with the sale of land procured a purchaser and while negotiating with him the owner closed a trade with the purchaser through another broker at a less price, the first broker was entitled to recover a commission. Holland v. Yinson, 124 Mo. App. 417; Hogan v. Slade, 98 Mo. App. 44; Hovey & Brown v. Aaron, 133 Mo.

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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) Tbe plaintiff’s instructions are unquestioned law. Where a real estate broker entrusted with the sale of land procured a purchaser and while negotiating with him the owner closed a trade with the purchaser through another broker at a less price, the first broker was entitled to recover a commission. Holland v. Yinson, 124 Mo. App. 417; Hogan v. Slade, 98 Mo. App. 44; Hovey & Brown v. Aaron, 133 Mo. App. 573; Wright & Orrison v. Brown, 68 Mo. App. 577. On appeal from an order sustaining a motion for a new trial, the appellate…

1Opinion of the CourtCox, J.

— This is an action to recover commission as a real estate agent for having sold land belonging to defendants. ' A verdict in plaintiff’s favor was obtained for seven hundred and fifty dollars. Upon motion of defendants a new trial was awarded and plaintiff has appealed.

Plaintiff is a real estate agent living at Willow Springs, Howell county. Defendants also live in Howell county, and were the owners of a tract of 4800 acres of land which had been listed with plaintiff for sale. A party by the name of Pruitt came to Willow Springs and plaintiff had some conversation with him in relation to…

2Cases cited8 opinions

  1. Johnson v. GraysonSupreme Court of Missouri · 1910
  2. Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
  3. McCarty v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Wilson v. Knox CountySupreme Court of Missouri · 1896
  5. Sharp v. OdomMissouri Court of Appeals · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Barr v. HaysMissouri Court of Appeals · 1913
  2. Hopkins v. City of SpringfieldMissouri Court of Appeals · 1912
  3. Jiner v. JinerMissouri Court of Appeals · 1914

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