Legal Opinion

Duncan v. Hills

Missouri Court of Appeals

Decided March 4, 1911PublishedCited by 4 opinions

Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) All the instructions given-for defendant are erroneous because they exclude the theory that defendant promised to pay plaintiffs after the deal was consummated. Bell v. Electric Co., 125 Mo. App. 660; Bolles v. Railroad, 134 Mo. App. 704; Toncrey v. Metropolitan, 129 Mo.

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Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) All the instructions given-for defendant are erroneous because they exclude the theory that defendant promised to pay plaintiffs after the deal was consummated. Bell v. Electric Co., 125 Mo. App. 660; Bolles v. Railroad, 134 Mo. App. 704; Toncrey v. Metropolitan, 129 Mo. App. 600. (2) There was no evidence in the case tending to show that plaintiffs had ceased in their efforts to effect a sale and the defendant’s instruction submitting that issue is not based on any evidence. State v. Edwards, 203 Mo. 528; Wise v.…

1Opinion of the CourtReynolds, P. J.

Plaintiffs, appellants here, under the firm name of Duncan & Myers, brought their action against defendant to recover commissions at the rate of one dollar per acre for acting as agents for defendant in selling 640 acres of land in the State of Texas, it being alleged that defendant had agreed to pay them at that rate if they effected a sale of that land or were instrumental in effecting a sale thereof. They aver the sale of it by defendant to one George Hake, whereby they claim that defendant became indebted to them for $640, which they aver he has repeatedly promised to pay but has failed…

2Cases cited3 opinions

  1. Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
  2. Tooker v. DuckworthMissouri Court of Appeals · 1904
  3. Gamble v. GretherMissouri Court of Appeals · 1904

3Cited by4 opinions

  1. Ludeman v. EnglishSupreme Court of Oklahoma · 1920
  2. Garland v. Carpathia Petroleum Co.Supreme Court of Oklahoma · 1924
  3. Perry v. EdelenMissouri Court of Appeals · 1914
  4. Midwest Realty Co. v. Allied Supermarkets, Inc.District Court, E.D. Missouri · 1972

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