Glade v. Ford
Missouri Court of Appeals
Appeal from Jasper. Circuit Court. — Hon. Howard Gray, Judge. (1') The defendant was not released from his original liability to pay the $1,000 for the reason that there was no consideration for the extension of time.
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Appeal from Jasper. Circuit Court. — Hon. Howard Gray, Judge. (1') The defendant was not released from his original liability to pay the $1,000 for the reason that there was no consideration for the extension of time. Harburg v. Kumpf, 151 Mo. 16. (2) Where a defendant by his own negligence fails to make efforts to collect the notes clue and by his own act failed he could not by such negligence prejudice plaintiff’s rights and their right would not have to depend upon the collection of the money from the purchasers, for the reason that Ford by his own act after said notes became due,…
1Opinion of the CourtJohnson, J.
Plaintiffs, real estate agents, sued to recover a commission alleged to be due them from defendant. A jury being waived by the parties, trial before the court resulted in a judgment for defendant on the finding that the action was begun prematurely. Plaintiffs appealed.
There is no dispute over the fact that defendant employed plaintiffs to procure a purchaser for a mine he owned in Jasper county at the price of $30,000, and agreed to pay them a commission of $2,000 for such services. Nor is it denied that plaintiffs found purchasers in the persons of a Mr. -Bruner and a Mr. Hedrick to whom…
2Cited by2 opinions
- Tarbell v. BomesSupreme Court of Rhode Island · 1927
- Fuday v. GillMichigan Supreme Court · 1917