Gaty v. Sack
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Gtvan, Judge. The case and facts are stated in the opinion. I. There was no allegation in statement that plaintiff was a real estate agent, and the compensation is different in such case, and it was error to admit evidence of that fact. Erben r. Lorillard, 2 Key’s 567; Dyer n. Sutherland, 75 111. 585 ; 2 Sutherland on Damages, 451. II.
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Appeal from Johnson Circuit Court, Hon. Noah M. Gtvan, Judge. The case and facts are stated in the opinion. I. There was no allegation in statement that plaintiff was a real estate agent, and the compensation is different in such case, and it was error to admit evidence of that fact. Erben r. Lorillard, 2 Key’s 567; Dyer n. Sutherland, 75 111. 585 ; 2 Sutherland on Damages, 451. II. It was competent and material to show a secret agreement of agent with a third party that his (Gr.’s) interest in a farm should be’ kept secret, as tending to show that his own interest conflicted with his duties…
1Opinion of the CourtPhilips, P. J.
This action was begun before a justice of the peace, and tried on appeal, before a jury, in the circuit court. Plaintiff recovered judgment, from which defendant prosecutes this appeal.
*?The statement filed in the justice’s court alleged in substance, that the defendant was the owner of certain lands in Johnson county, and that in the month of May, 1883, he employed plaintiff to sell said lands for him, and agreed to pay plaintiff to obtain a purchaser therefor a commission of three per. cent, upon the selling price, and a further reasonable sum. That in the following month of August…
2Cases cited8 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Bell v. KaiserSupreme Court of Missouri · 1872
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- State v. WareSupreme Court of Missouri · 1879
- Alderman v. CoxSupreme Court of Missouri · 1881
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3Cited by17 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Wright v. BrownMissouri Court of Appeals · 1897
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
- Millar & Abbott v. PorterMissouri Court of Appeals · 1888
12 more not listed; retrieve them via the Exa API.