Legal Opinion

Jones v. Berry

Missouri Court of Appeals

Decided May 21, 1889PublishedCited by 10 opinions

Appeal from the Greene Qounty Circuit Court. — Hon. W. D. Hubbard, Judge. There is no evidence to sustain the verdict. And the evidence clearly shows that Jones did not sell the land. Under a contract for commission for selling land, the agent is not entitled to compensation unless he was the efficient procuring cause of sale. McClave n. Paine, 41 How. Pr. 140; Earp v. Gumming, 54 Pa. St. 394; Wylie v. Marine Nat.

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Appeal from the Greene Qounty Circuit Court. — Hon. W. D. Hubbard, Judge. There is no evidence to sustain the verdict. And the evidence clearly shows that Jones did not sell the land. Under a contract for commission for selling land, the agent is not entitled to compensation unless he was the efficient procuring cause of sale. McClave n. Paine, 41 How. Pr. 140; Earp v. Gumming, 54 Pa. St. 394; Wylie v. Marine Nat. Bank, 61N. Y. 415; Chandler v. Button, 5 Daly, 112; Ward v. Fletcher, 124 Mass. 224. The evidence tends strongly to show an abandonment of agency by Jones, and instruction marked…

1Opinion of the CourtBiggs, J.

The plaintiff: alleges that the defendant entered into a contract with him, by which it was agreed that if he would procure a purchaser for a tract of land belonging to the defendant, he should receive, as compensation therefor, all in excess of twenty-seven hundred and fifty dollars, that the purchaser would agree to pay; that the plaintiff procured a purchaser, and through his exertions the land was sold for three thousand dollars, which defendant received. The petition then avers a refusal to pay plaintiff the amount due him, to-wit, two hundred and fifty dollars. The answer was a general…

2Cases cited5 opinions

  1. Tyler v. ParrSupreme Court of Missouri · 1873
  2. Bell v. KaiserSupreme Court of Missouri · 1872
  3. Goffe v. GibsonMissouri Court of Appeals · 1885
  4. Gaty v. SackMissouri Court of Appeals · 1885
  5. Timberman v. CraddockSupreme Court of Missouri · 1879

3Cited by10 opinions

  1. Sallee v. McMurryMissouri Court of Appeals · 1905
  2. Wright v. BrownMissouri Court of Appeals · 1897
  3. Stinde v. BleschMissouri Court of Appeals · 1890
  4. Henderson & Jones v. MaceMissouri Court of Appeals · 1896
  5. Brennan v. RoachMissouri Court of Appeals · 1891

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