Lemon v. Lloyd
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. James M. Sandusky, Judge. (1) The first instruction given for plaintiff is bad, for the reason that, upon the finding of the facts therein .■set out, the jury were instructed to find for plaintiff ; it attempts to set out the whole case, but ignores the fact of the agreement made after ten days had expired, and leaves out the element of readiness on the part of the purchaser to pay cash.
Read the full summary
Appeal from the Clay Circuit Court. — Hon. James M. Sandusky, Judge. (1) The first instruction given for plaintiff is bad, for the reason that, upon the finding of the facts therein .■set out, the jury were instructed to find for plaintiff ; it attempts to set out the whole case, but ignores the fact of the agreement made after ten days had expired, and leaves out the element of readiness on the part of the purchaser to pay cash. These omissions are not supplied by any subsequent instructions. Straus v. Railroad, 86 Mo. 421; Owens v. Railroad, 95 Mo. 169 ; Sullivan v. Railroad, 88 Mo. 169;…
1Opinion of the CourtSmith, P. J.
This was an action commenced before a justice of the peace by plaintiff against defendant to recover $250 as commission for making the sale of certain real estate for defendant. The plaintiff had judgment in the circuit court for the amount sued for, from which judgment defendant appealed.
I. The appealing defendant questions the judgment upon a number of grounds. The objections which the defendant has lodged against the first, second and third instructions given by the court, on its own motion, for the plaintiff, are without force. These instructions were predicated upon evidence which was…
2Cases cited9 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Love v. OwensMissouri Court of Appeals · 1888
- Hayden v. GrilloMissouri Court of Appeals · 1887
- Millar & Abbott v. PorterMissouri Court of Appeals · 1888
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Boyle v. ClarkMissouri Court of Appeals · 1895
- Finley v. DyerMissouri Court of Appeals · 1899
- Bassford v. WestMissouri Court of Appeals · 1907
- Buschmann v. BrayMissouri Court of Appeals · 1896
- Swift v. JohnsonMissouri Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.