Hieronymus v. Atterbury
Missouri Court of Appeals
Appeal, from Pettis Circuit Court.—Hon. Charles Hoffman, Judge. (1) Where the property is in the hands of several brokers, the commission is due the broker, who is the procuring cause of the sale. Wright et al. v. Brown, 68 Mo. App. 577. Where two or more real estate brokers are employed to sell the same property, the commission is to be paid to whoever makes the sale.
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Appeal, from Pettis Circuit Court.—Hon. Charles Hoffman, Judge. (1) Where the property is in the hands of several brokers, the commission is due the broker, who is the procuring cause of the sale. Wright et al. v. Brown, 68 Mo. App. 577. Where two or more real estate brokers are employed to sell the same property, the commission is to be paid to whoever makes the sale. Votane v. Mc-Keever, 76 Kan. 870. (2) The owner of real estate, by the general employment of a real estate agent or broker to effect a sale, does' not thereby preclude himself from employing other agents for the same purpose,…
1Opinion of the CourtEllison, J.
This action was brought to recover commission for the sale of real estate alleged to have been made by the plaintiff. He recovered judgment in the trial court.
It appears that defendant lived near the town of Arapahoe, in the State of Oklahoma, and that town was his postoffice address. He owned a farm in Pettis county, Missouri, and had placed it in the hands of plaintiff, who lived in Sedalia, Mo., and Weinrick & Stambaugh, a firm of real estate agents residing in the same city, for sale, at the price of fifty-five dollars per acre. He testified that he informed plaintiff during a visit to…
2Cases cited6 opinions
- Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
- Dole v. SherwoodSupreme Court of Minnesota · 1889
- Cook v. ForstSupreme Court of Alabama · 1896
- Wright v. BrownMissouri Court of Appeals · 1897
- Votaw v. McKeeverSupreme Court of Kansas · 1907
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