Menefee v. Diggs
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Instructions should he confined to the issues presented by the pleadings and the evidence. Home Bank v. Towson, 64 Mo. App. 97; "Waddingham v. Hughlett, 92 Mo. 528; D. Donata v. Morrison, 160 Mo. 581; Glass v. Gelvin, 80 Mo. 297; Ely v. Railroad, 77 Mo. 34; Kelly v. Stewart, 93 Mo. App. 47; Kingman & Co. v. Buggy Co., 150 Mo. 282; Rothschilds v. Fernsforf, 21 Mo.
Read the full summary
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Instructions should he confined to the issues presented by the pleadings and the evidence. Home Bank v. Towson, 64 Mo. App. 97; "Waddingham v. Hughlett, 92 Mo. 528; D. Donata v. Morrison, 160 Mo. 581; Glass v. Gelvin, 80 Mo. 297; Ely v. Railroad, 77 Mo. 34; Kelly v. Stewart, 93 Mo. App. 47; Kingman & Co. v. Buggy Co., 150 Mo. 282; Rothschilds v. Fernsforf, 21 Mo. App. 318; Mansur v. Botts, 80 Mo. 651; Wright v. Fonda, 44 Mo. App. 634; Whitlock v. Appleby, 49 Mo. App. 295; Altman & Taylor Co. v. Smith, 52 Mo. App'. 351;…
1Opinion of the CourtReynolds, P. J.
— Plaintiff brought his action against defendant for commission on an exchange of lands, the petition averring that, being a real estate agent and broker, and defendant being anxious and desirous of selling or exchanging 252 acres of farm land, of which he was the owner, entered into a contract with plaintiff, whereby he agreed that if plaintiff would find, him a purchaser for the farm, or find some person who was willing to exchange other land for defendant’s farm, that he, defendant, would pay plaintiff a commission of $1 per acre, to-wit, $252, for plain*661tiff’s services in the matter. It is…
2Cases cited4 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Cole v. ArmourSupreme Court of Missouri · 1900
- Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
- Witty v. SalingMissouri Court of Appeals · 1913
3Cited by3 opinions
- Smith v. RodickMissouri Court of Appeals · 1956
- Robinson v. Commonwealth Casualty Co.Missouri Court of Appeals · 1930
- Slyman v. SimonMissouri Court of Appeals · 1932