Breid v. Mintrup
Missouri Court of Appeals
Appeal from the Circuit Court of Franklin County. — ■ Hon. B. A. Breuer, Judge. (1) Tbe petition in a civil action must contain a plain statement of facts constituting tbe cause of action sued on. R. S. 1909, sec. 1794; Sidway v. Missouri, etc., Company, 163 Mo. 342; Moore v. Mountcastle, 72 Mo. 605;' Ruebsam v. Transit Company, 108 Mo.
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Appeal from the Circuit Court of Franklin County. — ■ Hon. B. A. Breuer, Judge. (1) Tbe petition in a civil action must contain a plain statement of facts constituting tbe cause of action sued on. R. S. 1909, sec. 1794; Sidway v. Missouri, etc., Company, 163 Mo. 342; Moore v. Mountcastle, 72 Mo. 605;' Ruebsam v. Transit Company, 108 Mo. App. 437. (2) In an action upon an express contract tbe plaintiff can recovér only upon tbe particular contract alleged in bis petition; and in interpreting tbe allegations of the petition tbe same are to be understood according to their legal effect. (Cases…
1Opinion of the CourtAllen, J.
This is an action to recover a broker’s commission. The petition alleges that in May, 1916, plaintiff and defendant entered into a contract whereby it was agreed that if plaintiff would procure a purchaser for a certain lot and building thereon in Union, Missouri, known as the Zehrt property, defendant would pay plaintiff for said service the excess of the purchase price obtained over and above $3100. It is alleged that plaintiff performed all of the conditions of the contract on his part by procuring, within a reasonable time, a purchaser, for the property who was ready, willing and able to…
2Cases cited4 opinions
- Humphrey v. JonesSupreme Court of Missouri · 1879
- Hackman v. MaguireMissouri Court of Appeals · 1886
- Western Cement Co. v. JonesMissouri Court of Appeals · 1880
- Koken Iron Works v. KinealyMissouri Court of Appeals · 1900
3Cited by1 opinion
- Farmers & Merchants State Bank v. Estate of RatliffMissouri Court of Appeals · 1927