Legal Opinion

Menefee v. Diggs

Missouri Court of Appeals

Decided January 5, 1915PublishedCited by 3 opinions

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.

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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

  1. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Cole v. ArmourSupreme Court of Missouri · 1900
  3. Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
  4. Witty v. SalingMissouri Court of Appeals · 1913

3Cited by3 opinions

  1. Smith v. RodickMissouri Court of Appeals · 1956
  2. Robinson v. Commonwealth Casualty Co.Missouri Court of Appeals · 1930
  3. Slyman v. SimonMissouri Court of Appeals · 1932

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