Putnam v. Boyer
Missouri Court of Appeals
Appeal from Howell County Circuit Court.—Hon. W. N. Evans, Judge. (1) The verdict of the jury was for the wrong party. It should have been for the plaintiff. (2) It was error for the Judge to leave the court room during the progress of the trial. Berst v. Moxom, 145 S. W. 857. (1) Appellant says the verdict was for the wrong party; that it should have been for him. This court does not weigh the evidence—that is left to the trial court and jury. Schultze v. Bailroad, 32 Mo.
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Appeal from Howell County Circuit Court.—Hon. W. N. Evans, Judge. (1) The verdict of the jury was for the wrong party. It should have been for the plaintiff. (2) It was error for the Judge to leave the court room during the progress of the trial. Berst v. Moxom, 145 S. W. 857. (1) Appellant says the verdict was for the wrong party; that it should have been for him. This court does not weigh the evidence—that is left to the trial court and jury. Schultze v. Bailroad, 32 Mo. App. 451; Browning v. Dorton, 143 Mo. App. 249; Brewing Co. v. St. Louis, 209 Mo. 600; Cobb v. Holloway, 129 Mo. App.…
1Opinion of the CourtSturgis, J.
—The plaintiff sues the defendants for $1450, alleging. that defendants agreed to pay plaintiff five per cent commission on a real estate trade of which plaintiff was the procuring cause, the commission to be based on the consideration of the trade which was $34,000, making the total commission due him $1700, of which defendants paid $250. The answer denied that defendants had so promised or that plaintiff ‘ was the procuring cause of the trade and denied that defendants owed the plaintiff anything; *397and further averred that, after the trade had been consummated, in order to avoid litigation…
2Cases cited21 opinions
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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3Cited by5 opinions
- Wolf v. St. Louis Public Service CompanyMissouri Court of Appeals · 1962
- State Ex Rel. Order of United Commercial Travelers of America v. ShainSupreme Court of Missouri · 1936
- Erwin v. JonesMissouri Court of Appeals · 1916
- Winona Wagon Co. v. FeasterMissouri Court of Appeals · 1915
- Reed v. John Gill & Sons Co.Court of Appeals of Kansas · 1919