Watson v. Esther
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Where a real estate broker bottoms bis action for commissions on a contract he cannot, on failing to prove his contract, recover on qibantum meruit. Detheraige Lumber Co. v. Snyder, 65 Mo. App. 568; McDonald v. Stevinson, 104 Mo. App. 191; Wade v. Nelson, 119 Mo. 278. (2) Wheré a plaintiff pleads a cause of action on an express contract, he cannot recover on quantum meruit.
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Appeal from Laclede Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Where a real estate broker bottoms bis action for commissions on a contract he cannot, on failing to prove his contract, recover on qibantum meruit. Detheraige Lumber Co. v. Snyder, 65 Mo. App. 568; McDonald v. Stevinson, 104 Mo. App. 191; Wade v. Nelson, 119 Mo. 278. (2) Wheré a plaintiff pleads a cause of action on an express contract, he cannot recover on quantum meruit. Davis v. Drew, 129 S. W. 255; Michael v. Kennedy, 148 S. W. 983. (3) A. plaintiff cannot sue on one cause of action and recover on another,. and, if an…
1Opinion of the Court
BRADLEY J.
Plaintiffs, a co-partnership, sued to recover $500 commission alleged to be due them from defendant by reason of plaintiffs having found a purchaser for defendant’s farm. On trial below before the court and a jury plaintiff’s obtained a judgment for $200, and defendant appealed.
Plaintiffs in their petition allege that in December, 1919, defendant employed them to sell certain land; that it was agreed that plaintiffs should receive a commission of five per cent, and that said land, Avas listed with them for 'sale at the price of $10000. Plaintiffs further allege that they found a…
2Cases cited3 opinions
- C. P. Deatherage Lumber Co. v. SnyderMissouri Court of Appeals · 1896
- Wade v. NelsonMissouri Court of Appeals · 1906
- McDonnell v. StevinsonMissouri Court of Appeals · 1903