Legal Opinion

Sackman v. Freeman

Missouri Court of Appeals

Decided April 14, 1908PublishedCited by 3 opinions

Appeal from Cape Girardeau Court of Common Pleas. Eon. Benj. F. Davis, Judge. . Appellant complains that the instructions given on behalf of respondent were erroneous because they ignored a possible contract.

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Appeal from Cape Girardeau Court of Common Pleas. Eon. Benj. F. Davis, Judge. . Appellant complains that the instructions given on behalf of respondent were erroneous because they ignored a possible contract. Eespondent denied there was a contract; appellant insisted there w'as one, and if appellant desired to submit that theory to the jury it was his duty to prepare a correct declaration of law containing that theory and if he failed to do so he can not now convict the court of an error in not doing for him what he failed to do for himself. Schlotzhauer v. Eailway, 89 Mo. App. 71, 72; Bank…

1Opinion of the CourtGoode, J.

Defendant owned a part of lot 3, range 0, fronting twenty-eight feet on Main street in the city of Oape Girardeau. He had a stock of liquors and cigars and also saloon fixtures in a building on the lot. Wishing, to sell out he spoke to plaintiff about finding a purchaser and plaintiff interested M. W. Bran-nock in the property, who finally purchased it for $13,-060, of which $10,000 was for the house and lot and the remainder for the merchandise and fixtures. Plaintiff’s testimony proved defendant agreed to pay the reasonable value of plaintiff’s services if he found a buyer. There is…

2Cases cited2 opinions

  1. Kennerly v. SommervilleMissouri Court of Appeals · 1895
  2. Veatch v. NormanMissouri Court of Appeals · 1902

3Cited by3 opinions

  1. Goldman v. WeismanSupreme Court of Minnesota · 1913
  2. City of Ft. Worth v. BurgessCourt of Appeals of Texas · 1916
  3. Daniels v. McDanielsMissouri Court of Appeals · 1914

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