Cook, Kerr & Barnard v. Piatt
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The allegation in plaintiff’s petition of an employment “of W. P. Cook and G. B. Kerr to sell or exchange the same for him,” does not amount to an allegation of the employment of said persons as a firm. Bank v. C-amphell, 34 Mo. App. 48. There is no allegation in the petition that W. P. Cook and G. B. Kerr were partners at the time the alleged contract was entered into.
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Appeal from Livingston Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The allegation in plaintiff’s petition of an employment “of W. P. Cook and G. B. Kerr to sell or exchange the same for him,” does not amount to an allegation of the employment of said persons as a firm. Bank v. C-amphell, 34 Mo. App. 48. There is no allegation in the petition that W. P. Cook and G. B. Kerr were partners at the time the alleged contract was entered into. Therefore, proof of a partnership did not sustain petition. Bank v. Campbell, supra. Evidence of the employment of W. P. Cook individually, did not…
1Opinion of the CourtJohnson, J.
Action by real estate brokers against their principal to recover a commission. Plaintiffs had judgment for the full amount claimed in their petition and defendant appealed. The petition is in two counts, but as the court instructed the jury to find for defendant on the second, we are concerned only with the cause of action pleaded in the first.
It is alleged in the petition that plaintiffs “are a *556firm doing business in tbe city of Chillicothe, Missouri, under the name of Cook, Kerr & Barnard, and are engaged in buying and selling real estate as real estate agents. That the defendant in the…
2Cases cited3 opinions
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Vanhoosier v. DunlapMissouri Court of Appeals · 1906
- American Bank v. CampbellMissouri Court of Appeals · 1889
3Cited by2 opinions
- Keeney and Toelle v. FreemanMissouri Court of Appeals · 1941
- Burck v. WynnCourt of Appeals of Texas · 1914