Gwinnup v. Sibert
Missouri Court of Appeals
Appeal from. Linn Circuit Court. — No». John P. Butter, Judge. (1) The statement filed by plaintiff for his cause of action, completely states him out of court as it shows on its face that his commission was demanded- on a verbal contract (no purchase price or name of purchaser was alleged by plaintiff), for the sale of the land, which in law, is the same as no contract at all.
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Appeal from. Linn Circuit Court. — No». John P. Butter, Judge. (1) The statement filed by plaintiff for his cause of action, completely states him out of court as it shows on its face that his commission was demanded- on a verbal contract (no purchase price or name of purchaser was alleged by plaintiff), for the sale of the land, which in law, is the same as no contract at all. The plaintiff was not authorized in writing by defendants to sell the land; even if sale had been made by plaintiff as agent, it would not have bound the defendant as his principals. R. S. 1899, sec. 3418. Under the…
1Opinion of the CourtBroaddus, J.
The plaintiff sues for commission for sale of land. It is conceded that defendants verbally authorized plaintiff to sell certain land belonging to Mary A. Sibert, wife of defendant J. P. Sibert; that he procured a purchaser at defendants’ price who was able to and offered to pay for the land, but that defendants refused to consummate the transaction and sold to another party. Defendants contend that plaintiff’s contract was not in writing and that the sale was not consummated.
The statute of frauds, section 314, Revised Statutes 1899, upon which defendants rely is as follows: “And no contract…
2Cases cited4 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Jones v. BerryMissouri Court of Appeals · 1889
- Reeves v. VetteMissouri Court of Appeals · 1895
3Cited by8 opinions
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Nichols v. WhitacreMissouri Court of Appeals · 1905
- Thompson v. MerrillMissouri Court of Appeals · 1907
- Tull v. StarmerMissouri Court of Appeals · 1915
- Byrd v. Frank B. Wilson TrustMissouri Court of Appeals · 2006
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