Kerr v. Cusenbary
Missouri Court of Appeals
Appeal from the' Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The broker must be the procuring cause of the contract on which he depends for his recovery. It will not suffice for his act to be one of the chain of causes producing the contract. It must be the procuring or inducing cause, or as it has been said, it must be the causa catisans. Ramsey v. West, 31 Mo. App. 676, 687; Zeidler v. Walker, 41 Mo.
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Appeal from the' Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The broker must be the procuring cause of the contract on which he depends for his recovery. It will not suffice for his act to be one of the chain of causes producing the contract. It must be the procuring or inducing cause, or as it has been said, it must be the causa catisans. Ramsey v. West, 31 Mo. App. 676, 687; Zeidler v. Walker, 41 Mo. App. 118; Wylie v. Bank, 61 N. Y. 415; Harp v. Cummings, 54 Pa. St. 395; McClure v. Payne, 49 N. Y. 561; s. o., 2 Sweeny (N. Y.) 407; Ewell on Agency, 341. (2) The court erred in…
1Opinion of the CourtSmith, P. J.
Res Adjudicata: FORMER APPEAL: DEMURRER TO EVIDENCE. The evidence disclosed by the record in the present case does not materially differ from that presented when it was here on a former appeal. We were then obliged on demurrer interposed by the defendant to review the entire evidence. The conclusion we then reached was that it was sufficient to carry the case to the jury. Kerr v. Cusenbary, 60 Mo. App. 559. The ruling so made must be regarded in the nature of res adjudícala and therefore conclusive. Masterson v. Railway, 58 Mo. App. 572. We must therefore decline to again review it.
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2Cases cited5 opinions
- Clark v. HammerleSupreme Court of Missouri · 1858
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Evans Garden Cultivator Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Masterson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1894
- State v. HendrixSupreme Court of Missouri · 1889