Westerman v. Peer Investment Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. A broker whose contract provides that, in order to earn his commission, he must within a given time secure a purchaser of the land at a price fixed, is not entitled to commission even though within the contract time he found a purchaser willing and able to buy at a reduced price and that fact was communicated to the owner, and even though the owner after the expiration of the contract time, closed with…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. A broker whose contract provides that, in order to earn his commission, he must within a given time secure a purchaser of the land at a price fixed, is not entitled to commission even though within the contract time he found a purchaser willing and able to buy at a reduced price and that fact was communicated to the owner, and even though the owner after the expiration of the contract time, closed with the purchaser on such reduced terms. Young v. Steeker Cooperage Works, 259 Mo: 215; Jennings v. Overholt, 186 Mo. A.pp.…
1Opinion of the Court
ALLEN, J.-
This is an action to recover the sum of $500 alleged to be due plaintiff as a broker’s commission for his services in negotiating a sale of real property belonging to defendant. The suit was begun before a justice of the peace, where defendant prevailed. Upon plaintiff’s appeal, to the circuit court and a trial de novo, before the court and a jury, there was a verdict and judgment for plaintiff, and the case is here on defendant’s appeal.
Plaintiff is a real estate broker. Defendant is a corporation controlled by the Jefferson Bank, a banking institution in the city of St. Louis, and…
2Cases cited7 opinions
- Goffe v. GibsonMissouri Court of Appeals · 1885
- Rose v. Franklin Life InsuranceMissouri Court of Appeals · 1910
- Young v. Stecher Cooperage WorksSupreme Court of Missouri · 1914
- Cole v. CrumpMissouri Court of Appeals · 1913
- Weisels-Gerhart Real Estate Co. v. EpsteinMissouri Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Tant v. GeeSupreme Court of Missouri · 1941
- Bowman v. RahmoellerSupreme Court of Missouri · 1932
- Martin v. Mercantile Trust CompanySupreme Court of Missouri · 1956
- Armco Steel Corporation, a Corporation v. Realty Investment Company, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Clarkson v. Standard Brass Manufacturing Co.Missouri Court of Appeals · 1943
12 more not listed; retrieve them via the Exa API.