Enright v. Ford
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.— Hon. A. M. Woodson, Judge. (1) The court committed error in giving to the jury the instruction of its own motion. Clearly, defendant Ford contracted to sell, and there was nothing upon which to predicate an instruction that he guaranteed to plaintiff that other stockholders would authorize plaintiff to sell certain stocks.
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Appeal from Buchanan Circuit Court.— Hon. A. M. Woodson, Judge. (1) The court committed error in giving to the jury the instruction of its own motion. Clearly, defendant Ford contracted to sell, and there was nothing upon which to predicate an instruction that he guaranteed to plaintiff that other stockholders would authorize plaintiff to sell certain stocks. Instructions not predicated upon evidence are misleading, prejudicial and erroneous, and the giving of same constitutes reversible error. Day v. Railway, 81 Mo. App. 471; Tracy v. Stock Yards Co.; 87 Mo. App. 608; State v. North-way, 164…
1Opinion of the CourtBroaddus, J.
The plaintiff sues to recover a commission for the alleged sale of 1,251 shares of the capital stock of the First National Bank of Buchanan county, Missouri, upon an alleged agreement between himself and defendants for which he was to receive one dollar per share.
There was evidence to the effect that in 1902 defendants owned certain shares of the capital stock of the bank aforesaid, at which time defendant Ford agreed with plaintiff if he could find a purchaser for 1,251 shares or majority of said bank stock he would allow him his usual commission for such sale which said Ford knew was one…
2Cases cited3 opinions
- Nesbitt v. HelserSupreme Court of Missouri · 1872
- Goodson v. EmbletonMissouri Court of Appeals · 1904
- Finch v. Guardian Trust Co.Missouri Court of Appeals · 1901
3Cited by2 opinions
- Hoyt v. BuderSupreme Court of Missouri · 1928
- EA Mabes and Company v. FishmanMissouri Court of Appeals · 1955