Vandyke & Co. v. Walker
Missouri Court of Appeals
Appeal from the Saline Circuit Cou/rt. — Hon. Richard Field, Judge. (1) The second instruction given for the plaintiffs is erroneous in these particulars, viz.: It assumes as a fixed fact the right of plaintiffs to sell defendant’s farm, at the time of the contract, when-that is the very point in issue, inasmuch as defendant claims in his answer, and in the evidence which tended to show that he had previously revoked the authority of plaintiffs to act further under their…
Read the full summary
Appeal from the Saline Circuit Cou/rt. — Hon. Richard Field, Judge. (1) The second instruction given for the plaintiffs is erroneous in these particulars, viz.: It assumes as a fixed fact the right of plaintiffs to sell defendant’s farm, at the time of the contract, when-that is the very point in issue, inasmuch as defendant claims in his answer, and in the evidence which tended to show that he had previously revoked the authority of plaintiffs to act further under their employment, that he had withdrawn the farm from the market, when they proceeded to make the trade with Baker. The…
1Opinion of the CourtGill, J.
The plaintiffs, real-estate agents at Marshall, Missouri, sued the defendant to recover commissions on the sale of a farm in Saline county. Plaintiffs had a verdict and judgment for $400, and the defendant appealed.
The evidence discloses the following state of facts: On the eighth day of July, 1891, defendant employed plaintiffs to secure a purchaser for his farm of three hundred and twenty acres, at $50 per acre, agreeing to pay therefor a commission of two and one-half per cent, on the total proceeds of the sale. The contract between the parties was reduced to writing, and the conclusion…
2Cited by7 opinions
- Vigeant v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1941
- Hamilton v. SalisburyMissouri Court of Appeals · 1908
- McCrory v. KelloggMissouri Court of Appeals · 1904
- Miller Cattle Co. v. ChambersArizona Supreme Court · 1930
- Warren v. CramMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.