Finch v. Guardian Trust Co.
Missouri Court of Appeals
Appeal from Jactson Circuit Court. — Hofb. J. H. Slomr, , Judge. (1) If tbis was a suit for commission by appellant wbo bad been tbe cause of completing a sale, tben tbe demurrer in the evidence should have been sustained, but it is not such a suit. The suit was not instituted upon any such theory. All that the plaintiff was required to do was to furnish a purchaser who was able and willing to enter into the contract agreed upon.
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Appeal from Jactson Circuit Court. — Hofb. J. H. Slomr, , Judge. (1) If tbis was a suit for commission by appellant wbo bad been tbe cause of completing a sale, tben tbe demurrer in the evidence should have been sustained, but it is not such a suit. The suit was not instituted upon any such theory. All that the plaintiff was required to do was to furnish a purchaser who was able and willing to enter into the contract agreed upon. The contention of appellant is that he found a purchaser who was able and willing to purchase the property at the price and sum agreed upon between the parties, but…
1Opinion
ON MOTION FOR REHEARING.
BROADDUS, J.
On motion for rehearing our attention has been called specifically to the fact that the record fails to show, in the first place, that the bill of exceptions was filed within the time allowed by the trial court. The record shows that on the thirty-first day of March, 1900, the plaintiff took his appeal and was given ninety days to.file his bill of exceptions. The record then further shows that the bill of exceptions was not signed by the judge until the fourteenth day of July, 1900, after the expiration of ninety days given by the court for filing the same.…
2Cases cited2 opinions
- Lafollette v. ThompsonSupreme Court of Missouri · 1884
- Finlay v. GillMissouri Court of Appeals · 1899