Wade v. Nelson
Missouri Court of Appeals
Appeal from Camden Circuit Court. — Eon. Argus Cox, Judge. (1) The court refused all the instructions asked by the plaintiff, and undertook to give to the jury instructions of its own motion as to the law of the case, and rejected the theory of plaintiff, that defendant would still be liable for commission if defendant voluntarily changed the terms of sale after the purchaser was secured. Wetzell v. Waggoner, 41 M'o. App. 509; Perrin v. Kimberlin, 110 Mo.
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Appeal from Camden Circuit Court. — Eon. Argus Cox, Judge. (1) The court refused all the instructions asked by the plaintiff, and undertook to give to the jury instructions of its own motion as to the law of the case, and rejected the theory of plaintiff, that defendant would still be liable for commission if defendant voluntarily changed the terms of sale after the purchaser was secured. Wetzell v. Waggoner, 41 M'o. App. 509; Perrin v. Kimberlin, 110 Mo. App. 661; Curry v. Whitmore, 110 Mo. App. 204; Brown v. Smith, 113 Mo. App. 59;, Sallee v. McMurry, 113 Mo. App. 253; (2) These…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action to recover commission as a real estate agent on account of the sale of defendant’s farm in Camden county. The judgment in the trial court was for the defendant. The petition is based on an express contract whereby defendant employed plaintiff to procure him a purchaser for his farm and that he agreed to pay plaintiff for his services all over the sum of $7,250, for which he might sell the farm. The petition then charges that he, plaintiff, carried out that contract on his part- by finding a purchaser who purchased the land of defendant for $7,-750, whereby…
2Cases cited5 opinions
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Huston v. TylerSupreme Court of Missouri · 1897
- Mumford v. KeetMissouri Court of Appeals · 1896
- Squire v. Ferd Heim Brewing Co.Court of Appeals of Kansas · 1901
- Cox v. BowlingMissouri Court of Appeals · 1893
3Cited by7 opinions
- Brown v. WrightsmanSupreme Court of Oklahoma · 1935
- Schultz v. AndrusWisconsin Supreme Court · 1922
- Lowe v. JensenNorth Dakota Supreme Court · 1911
- Sterrett v. East Texas Motor Freight LinesTexas Supreme Court · 1951
- Mineral Belt Bank v. Elking Lead & Zinc Co.Missouri Court of Appeals · 1913
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