Fullerton v. Carpenter
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) Suit was brought by tbe principal — who was also owner of tbe land — against tbe broker, for $225 beld back by him as commissions and tbe Court of Appeals held that tbe broker was entitled to bis commissions out of tbe earnest money.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) Suit was brought by tbe principal — who was also owner of tbe land — against tbe broker, for $225 beld back by him as commissions and tbe Court of Appeals held that tbe broker was entitled to bis commissions out of tbe earnest money. Tbe court said: ‘ ‘ Plaintiff is counsel make tbe argument that, although a valid contract of sale was made by tbe defendant with Symmes, yet, if Synrmes failed without any fault on tbe part of the plaintiff to perform the contract, the defendants were not entitled to their commissions.…
1Opinion of the CourtBland, P. J.
— The motion for new trial is as follows:
“Now comes Humphrey Fnllerton, testamentary trustee, plaintiff in the above entitled canse, and moves the court to set aside its verdict and decree rendered in the above entitled cause heretofore, to-wit, on July 5, 1901, and grant him a rehearing and new trial. And as grounds for said motion plaintiff alleges the following:
“1. Said verdict and judgment are against the law.
“2. They are against the evidence.
“3. They are against the law and the evidence.
“4. They are against the weight of evidence. ■
‘ ‘ 5. Said verdict and judgment should have been in…
2Cases cited5 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Brady v. ConnellySupreme Court of Missouri · 1873
- Culbertson v. HillSupreme Court of Missouri · 1885
- State v. NelsonSupreme Court of Missouri · 1890
- Three States Lumber Co. v. RogersSupreme Court of Missouri · 1898
3Cited by4 opinions
- Shinn v. United Railways Co.Missouri Court of Appeals · 1910
- Llewellyn v. SpanglerMissouri Court of Appeals · 1905
- Hamilton v. McEwenMissouri Court of Appeals · 1910
- Corum v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908