Legal Opinion

Cunliff v. Hausman

Missouri Court of Appeals

Decided December 23, 1902PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — Ron. William Zachritz, Judge. STATEMENT. The cause was first tried in the justice’s court, where it originated, on the following statement: “St. Louis, Mo., May 24, 1901. “Albert O. Hausman, “To Benjamin Cunliff, Dr.: “To services rendered as real estate agent, procuring purchaser for sale of lots seven and eight, of city block 3861, 100 feet on south side of Cabanne avenue; commission two and one-half per cent on selling price,…

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Appeal from St. Louis City Circuit Court. — Ron. William Zachritz, Judge. STATEMENT. The cause was first tried in the justice’s court, where it originated, on the following statement: “St. Louis, Mo., May 24, 1901. “Albert O. Hausman, “To Benjamin Cunliff, Dr.: “To services rendered as real estate agent, procuring purchaser for sale of lots seven and eight, of city block 3861, 100 feet on south side of Cabanne avenue; commission two and one-half per cent on selling price, $9,000 .......................... $225.00- “Received payment.” On a new trial in the circuit court (where the cause was…

1Opinion of the CourtBland, P. J.

— The contention of the defendant is, that plaintiff was not the procuring cause of the sale.

The verdict being for plaintiff the evidence should be viewed in its most favorable aspect in support of the verdict. Hewitt, for the purpose of finding out the owner anddhe price of the lot, represented Little; what he. did, in this respect, Little did. Little, through Hewitt, went to plaintiff and through plaintiff was put in communication with the owner and learned the price of the lot and the fact that plaintiff was authorized by the owner to sell the lot at $90 per front foot. Little, for the…

2Cases cited1 opinion

  1. Veatch v. NormanMissouri Court of Appeals · 1902

3Cited by8 opinions

  1. Fink v. WilliamsonArizona Supreme Court · 1945
  2. Schmelzel v. LeecyNebraska Supreme Court · 1920
  3. Porter v. PlougheArizona Supreme Court · 1954
  4. Massachusetts Mut. Life Ins. v. George & Co.Court of Appeals for the Eighth Circuit · 1945
  5. Smith v. TruittMissouri Court of Appeals · 1904

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