Chilton v. Halstead
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Bon. W. N. Evans,Judge. (1) The contract and the correspondence show that plaintiff; is not entitled to recover, therefore defendant’s instruction No. 2, directing a verdict for him should have been given. Big 4 Realty Company v. Clark, 123 S. W. 95; Mo. Ejdson Electric Co. v. Bry, 88 Mo. App. 136; Trust Co. v. York, 81 Mo. App. 342; Robinson v. Easton, 93 Col. 80, 27 Am.
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Appeal from Howell Circuit Court. — Bon. W. N. Evans,Judge. (1) The contract and the correspondence show that plaintiff; is not entitled to recover, therefore defendant’s instruction No. 2, directing a verdict for him should have been given. Big 4 Realty Company v. Clark, 123 S. W. 95; Mo. Ejdson Electric Co. v. Bry, 88 Mo. App. 136; Trust Co. v. York, 81 Mo. App. 342; Robinson v. Easton, 93 Col. 80, 27 Am. St. Rep. 167; Keene v. Demelwan, 172 Mass. 17, 51 N. E. 188. (1) The giving of respondents instructions numbered 2 and 3 was not error. They were fully warranted by the law and the facts.…
1Opinion of the CourtNixon, P. J.
This was an action instituted in the circuit court of Howell county upon a petition which alleged that plaintiff and defendant entered into a written contract whereby defendant became plaintiff’s agent to sell 640 acres of land on a commission of five per cent of the amount realized. That on October 2, 1905, defendant sold the land to certain parties for $850. That defendant thereupon falsely represented to plaintiff that he was unable to sell the land for more than $525, concealing the fact of the sale for $850 from the plaintiff, and that plaintiff, relying upon defendant’s false…
2Cases cited5 opinions
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Bender v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1897
- Moody v. DeutschSupreme Court of Missouri · 1884
- Walsh v. MorseSupreme Court of Missouri · 1883
- O'Hare v. Chicago & Alton RailroadSupreme Court of Missouri · 1888
3Cited by4 opinions
- Beckermann v. E. H. Kortkamp Jewelry Co.Missouri Court of Appeals · 1913
- Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
- Bross v. StancliffMissouri Court of Appeals · 1922
- Lewis v. JonesSupreme Court of Arkansas · 1911