Legal Opinion

Green v. Wright

Missouri Court of Appeals

Decided May 14, 1889PublishedCited by 4 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. A usage of trade or custom, to be valid, must be certain, uniform, general and reasonable. Ober v. Carson, 62 Mo. 209; Speyer v. Seun, 7 Mo. App. 256; Fitzsimmons v. Academy,' 10 Mo. App. 595; Cordon v. Livingston, 12 Mo. App. 267; Sill v. Morris, 21 Mo. App. 256; Ins.

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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. A usage of trade or custom, to be valid, must be certain, uniform, general and reasonable. Ober v. Carson, 62 Mo. 209; Speyer v. Seun, 7 Mo. App. 256; Fitzsimmons v. Academy,' 10 Mo. App. 595; Cordon v. Livingston, 12 Mo. App. 267; Sill v. Morris, 21 Mo. App. 256; Ins. Co. v. Neuberger, 74 Mo. 167; Fitzsimmons v. Academy, 81 Mo. 37; Strong v. Railroad, 15 Mich. 220 (Judge Cooley’s able and exhaustive opinion); Lawson on Customs, sec. 10, pp. 32, 31, p. 62-3; sec. 44, p. 75. What is a sufficient usage to bind the…

1Opinion of the CourtThompson, J.

This is an action by a real-estate.broker to recover the reasonable value of services alleged to have been rendered by him and expenses incurred in endeavoring to effect a sale of certain real estate belonging to the defendant. The petition predicates a right of recovery *302upon tlie allegation that, after employing the plaintiff to effect a sale of the property, the defendant unduly and improperly interfered with his exertions in that behalf, so as to prevent him from effecting a sale. The answer admits the employment of the plaintiff by the defendant to effect a sale of the property described…

2Cases cited3 opinions

  1. Hill v. HobartSupreme Judicial Court of Maine · 1839
  2. Musser v. AdlerSupreme Court of Missouri · 1885
  3. Johnson v. Whitman Agricultural Co.Missouri Court of Appeals · 1885

3Cited by4 opinions

  1. Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
  2. Wanstrath Real Estate Co. v. WenzMissouri Court of Appeals · 1914
  3. Yazoo M.V.R. Co. v. WadeMississippi Supreme Court · 1932
  4. Dickmann v. TreselerMissouri Court of Appeals · 1913

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