Mercantile Trust Co. v. Johnson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Hugo Muench, Judge. (1) The power to sell does not authorize the agent to exchange. Thoyer v. Street, 22 U. C. Q. B. 352; Chapman v. Hughes, 134 Cal. 641; Hampton v. Moorhead, 62 Iowa 91; Morrill v. Cone, 22 How. (U. S.) 75; McMichael v. Wilkie, 18 Ont.
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Appeal from St. Louis City Circuit Court.—Hon. Hugo Muench, Judge. (1) The power to sell does not authorize the agent to exchange. Thoyer v. Street, 22 U. C. Q. B. 352; Chapman v. Hughes, 134 Cal. 641; Hampton v. Moorhead, 62 Iowa 91; Morrill v. Cone, 22 How. (U. S.) 75; McMichael v. Wilkie, 18 Ont. App. 464. (2) Where a broker is given the exclusive agency to sell, but not inhibiting the principal from exchanging, the contract is not violated by an exchange by the principal to one not a customer of the broker. Waterman v. Botlinghouse, 82 Cal. 659; Clark v. Ashbury, 134 S. W. 287; Dole v.…
1Opinion of the CourtAllen, J.
This is an action by plaintiff to recover a broker’s commission on the exchange of defendant’s real estate for other real property, under and by virtue of a written agreement executed by defendant appointing plaintiff as her agent. The suit was instituted before a justice of the peace, where the defendant had judgment. Thereupon the plaintiff perfected an appeal to the circuit court of the city of St. Louis, where the cause was tried before the court and a jury, resulting in a verdict for plaintiff in the sum of $137.50, and the defendant appeals.
The property was placed in plaintiff’s hands…
2Cases cited8 opinions
- Fuller v. EllisMichigan Supreme Court · 1893
- Williamson v. BrownSupreme Court of Missouri · 1906
- Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
- Metcalf v. KentSupreme Court of Iowa · 1898
- Gibson v. BogySupreme Court of Missouri · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wanstrath Real Estate Co. v. WenzMissouri Court of Appeals · 1914
- French v. LoveCourt of Appeals of Texas · 1926
- Chamberlain v. GrishamMissouri Court of Appeals · 1949