Gardner v. Eldridge
Missouri Court of Appeals
Appeal from City of St. Louis Circuit Court. — Hon. Warwick Hough, Judge. (1) The broker must be the procuring cause of the contract on which he depends for his recovery. It will not suffice for his act to be one of a chain of causes producing the contract; for it must be the procuring cause or, as it has been said, it must be the causa causans. Ramsey v. West, 31 Mo. App. 676; Mead v. Arnold, 131 Mo. App. 222; Newton v. Richie, 75 Iowa 91; 23 Am. and Eng. Ency.
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Appeal from City of St. Louis Circuit Court. — Hon. Warwick Hough, Judge. (1) The broker must be the procuring cause of the contract on which he depends for his recovery. It will not suffice for his act to be one of a chain of causes producing the contract; for it must be the procuring cause or, as it has been said, it must be the causa causans. Ramsey v. West, 31 Mo. App. 676; Mead v. Arnold, 131 Mo. App. 222; Newton v. Richie, 75 Iowa 91; 23 Am. and Eng. Ency. Law (2 Ed.), 911. (2) The court erred in admitting and permitting to be read to the jury over the objections and exceptions of…
1Opinion of the CourtCox, J.
Action for compensation for assisting in the sale of certain railroad stock. The petition alleged that on July 25, 1903, defendant employed plaintiff to assist in the sale of the capital stock of what was known as the Cane Belt Railroad in Texas, and had stated to him that if he would assist him and the sale should be> made that he would be more than liberal and generous in paying and compensating plaintiff for his services in that behalf; that plaintiff in pursuance of this employment undertook, to and, did, procure a purchaser and that as a result of his efforts a sale of the stock was made…
2Cases cited4 opinions
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Gage v. TrawickMissouri Court of Appeals · 1902
- Mead v. ArnoldMissouri Court of Appeals · 1908
3Cited by4 opinions
- Nothaf v. StateCourt of Criminal Appeals of Texas · 1922
- State v. SloanSupreme Court of Missouri · 1925
- Culp v. BrowneCourt of Appeals of Texas · 1921
- Culp v. BrowneCourt of Appeals of Texas · 1921