Steinberg v. Gebhardt
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit on a contract by which defendant employed plaintiff, as real estate agent at St. Louis, to sell within three months a house and lot of defendant’s. Plaintiff advertised the house and lot for sale. The defendant Gebhardt sold the house and lot to his tenant for 17,500 without informing plaintiff.
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Appeal from St. Louis Circuit Court. This was a suit on a contract by which defendant employed plaintiff, as real estate agent at St. Louis, to sell within three months a house and lot of defendant’s. Plaintiff advertised the house and lot for sale. The defendant Gebhardt sold the house and lot to his tenant for 17,500 without informing plaintiff. After the sale by Gebhardt, and within the three months specified, plaintiff found a purchaser of the house and lot at the price of $8,000. Plaintiff sued for the amount of commissions of 2-J per cent, of the sum of $8,000, less the printer’s fee,…
1Opinion of the CourtFagg, Judge
In the former cases adjudicated in this court, it has been held, that in actions upon a contract for services rendered *521where the amount of compensation is fixed by its terms, such sum is prima facie the measure of damages when the defendant refuses to permit a performance on the part of the plaintiff. Such refusal is to be taken as equivalent to a perform? anee for the purpose of maintaining the action—Pond v. Wyman, 15 Mo. 175; Nearns v. Harbert, 25 Mo. 352. If, however, the failure to perform the contract results from the act of the plaintiff, it is always competent to prove such a fact,…
2Cases cited2 opinions
- Pond v. WymanSupreme Court of Missouri · 1851
- Nearns v. HarbertSupreme Court of Missouri · 1857
3Cited by4 opinions
- McElhinney v. KlineMissouri Court of Appeals · 1878
- Stumpf v. MuellerMissouri Court of Appeals · 1885
- Klotz v. St. Anthony's Medical CenterSupreme Court of Missouri · 2010
- Klotz v. St. Anthony's Medical CenterSupreme Court of Missouri · 2010