Hamilton v. Davison
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Two . — Eon. D. E. Blair, Judge. (1) To he entitled to a commission on the sale of real estate an agent must be the procuring cause of the sale. McCrory v. Kellogg, 106 Mo. App. 597; Van Dyke & Co. v. Walker, 49 Mo. App. 381; Ramsey v. West, 31 Mo. App. 676 ; Sublette v. Lowe, 152 Mo. App. 190; Campbell v. Vanstone, 73 Mo.
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Appeal from Jasper Circuit Court, Division Number Two . — Eon. D. E. Blair, Judge. (1) To he entitled to a commission on the sale of real estate an agent must be the procuring cause of the sale. McCrory v. Kellogg, 106 Mo. App. 597; Van Dyke & Co. v. Walker, 49 Mo. App. 381; Ramsey v. West, 31 Mo. App. 676 ; Sublette v. Lowe, 152 Mo. App. 190; Campbell v. Vanstone, 73 Mo. App. 84. (2) It is not sufficient for an agent to show that his efforts were one of a chain of causes culminating in a sale. He must show that his efforts were the procuring cause. Real Estate Co. v. Real Estate Co., 144 Mo.…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued the defendant in the circuit court and alleged two causes of action: one seeking to recover $130.19 on account of rents and insurance premiums collected by defendant for plaintiff, less a sum paid by defendant as the plaintiff’s agent; and the second count sought to recover $190.10 on account of defendant’s transactions in connection with plaintiff’s pasture land in charge of the defendant.
Defendant admitted the indebtedness charged in the first count and interposed a general denial as to the second count, and by way of counterclaim defendant alleged that he was in the real…
2Cases cited5 opinions
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
- Dolphin v. KlannSupreme Court of Missouri · 1912
- Bass v. JacobsMissouri Court of Appeals · 1895
- Bassford v. WestMissouri Court of Appeals · 1907
- Merton v. J. I. Case Threshing Machine Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Ross v. MajorMissouri Court of Appeals · 1914
- Henning v. Holbrook-Blackwelder Real Estate Trust Co.Missouri Court of Appeals · 1925