Legal Opinion

Sallee v. McMurry

Missouri Court of Appeals

Decided June 1, 1905PublishedCited by 26 opinions

Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) A real estate broker’s commission is due when he produces a purchaser who is ready, able and willing to buy, and who offers to comply with the terms imposed by the landowner. Chipley v. Leathe, 60 Mo. App. 20; Hayden v. Grillo, 35 Mo. App. 647. And this is true if the broker brings vendor and vendee together and places them in a position that they may execute a contract.

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Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) A real estate broker’s commission is due when he produces a purchaser who is ready, able and willing to buy, and who offers to comply with the terms imposed by the landowner. Chipley v. Leathe, 60 Mo. App. 20; Hayden v. Grillo, 35 Mo. App. 647. And this is true if the broker brings vendor and vendee together and places them in a position that they may execute a contract. Gelatt v. Ridge, 117 Mo. 553, 23 S. W. 882.. Nor-is the right to the commission impaired by the default of the principal — by the landowner refusing to…

1Opinion of the CourtNoetoni, J.

(after stating the facts). — It is the law that a real estate broker earns his commission when he produces and introduces to his principal, a buyer who is able, ready and willing to buy, upon the terms at which the broker is authorized to sell. [Brown v. Smith, 113 Mo. App. 59; Goodson v. Embleton, 106 Mo. App. 77, 80 S. W. 22; Finch v. Trust Co., 92 Mo. App. 263; Finley v. Dyer, 79 Mo. App. 604; Hugging v. Hearne, 74 Mo. App. 86; Ghipey v. Leathe, 60 Mo. App. 15; Hayden v. Grillo; 45 Mo. App. 1; s. c., 35 Mo. App. 647; s. c., 26 Mo. App. 289; Gelatt v. Ridge, 117 Mo. 553, 23 S. W. 882.] And…

2Cases cited38 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Tyler v. ParrSupreme Court of Missouri · 1873
  3. Gelatt v. RidgeSupreme Court of Missouri · 1893
  4. Glover v. HendersonSupreme Court of Missouri · 1894
  5. Green v. ColeSupreme Court of Missouri · 1890

33 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Matson v. PearsonMissouri Court of Appeals · 1906
  2. Spires v. MannCourt of Appeals of Texas · 1943
  3. Russell v. WallaceCourt of Appeals for the D.C. Circuit · 1929
  4. Weisels-Gerhart Real Estate Co. v. EpsteinMissouri Court of Appeals · 1911
  5. McCormick v. ObanionMissouri Court of Appeals · 1913

21 more not listed; retrieve them via the Exa API.

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