McCrory v. Kellogg
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Hon. J. D. Perkins, Judge. (1) Tbe general denial of tbe defendant puts in issue only tbe material facts pleaded in tbe plaintiff’s petition. Musser v. Adler, 86 Mo. 445; Nortbrup v. Ins. Co., 47 Mo. 435; Kersey v. Garton, 77 Mo. 645; Walling Co. v. Ball, 43 Mo. App. 504; Guinotte v. Ridge, 46 Mo. App. 254; Beese v. Garth, 36 Mo.
Read the full summary
Appeal from Jasper Circuit Court.— Hon. J. D. Perkins, Judge. (1) Tbe general denial of tbe defendant puts in issue only tbe material facts pleaded in tbe plaintiff’s petition. Musser v. Adler, 86 Mo. 445; Nortbrup v. Ins. Co., 47 Mo. 435; Kersey v. Garton, 77 Mo. 645; Walling Co. v. Ball, 43 Mo. App. 504; Guinotte v. Ridge, 46 Mo. App. 254; Beese v. Garth, 36 Mo. App. 645 ; Hudson v. Bailroad, 101 Mo. 13. (2) In an action on contract, the defendant und¿r a general denial, can not avail himself of a rescission of the contract. It must be specially pleaded. Sutter v. Baeder, 149 Mo. 297;…
1Opinion of the CourtBroaddus, J.
This is a suit for commission for the sale of land.
Plaintiff was a real estate broker in the town of Carthage and defendant was the owner of a certain farm in Jasper county. One W. H. Aul, who finally purchased the farm, learned from a person other than plaintiff that defendant wanted to sell said farm.- Aul went to look at the land and afterwards to see defendant at his place of business but did not find him there. He then went to plaintiff and spoke to him about -the defendant’s farm and stated that he had tried to find defendant but had been unable to do so and that he could not spend more…
2Cases cited1 opinion
- Vandyke & Co. v. WalkerMissouri Court of Appeals · 1892
3Cited by4 opinions
- Wheelan v. HuntSupreme Court of Oklahoma · 1913
- Larson v. ThomaSupreme Court of Iowa · 1909
- Yarborough v. RichardsonSupreme Court of Oklahoma · 1913
- Vigeant v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1941