Baker v. Bakewell
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge. (1) The court erred in not giving to the jury either the peremptory instruction in the nature of a demurrer offered by him at the close of appellees’ testimony or at the close of all the testimony, (a) It is the duty of the court to direct a verdict for defendant when plaintiff fails to prove his case. Ferris & Roskopf on Instructions to Jury, section 37; Warner v. Modern Woodmen, 119 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge. (1) The court erred in not giving to the jury either the peremptory instruction in the nature of a demurrer offered by him at the close of appellees’ testimony or at the close of all the testimony, (a) It is the duty of the court to direct a verdict for defendant when plaintiff fails to prove his case. Ferris & Roskopf on Instructions to Jury, section 37; Warner v. Modern Woodmen, 119 Mo. App. 222 ; Nolan v. Schickle, 3 Mo. App. 300; Gillmore v. Modern Brotherhood of America, 186 Mo. App. 445, 455; Arel v.…
1Opinion of the CourtBecker, J.
— This is an action by plaintiffs against tbe defendant seeking to recover on an alleged contract. Judgment resulted in favor of plaintiffs and against tbe defendant in tbe sum of $1525, and tbe defendant appeals.
All tbe parties to tbe action are engaged in tbe real estate business, and prior to October 8, 191.4, appellant Bakewell was tbe exclusive agent of one E. II. Britton for tbe sale of a certain piece of real estate. Plaintiffs alleged in tbeir petition tbat on or about October 8, 1914, appellant Bakewell, entered into an agreement with tbe respondents whereby be agreed tbat if tbe…
2Cases cited4 opinions
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Polski v. City of St. LouisSupreme Court of Missouri · 1915
- Kansas City Disinfecting & Manufacturing Co. v. Bates CountySupreme Court of Missouri · 1918
- Crane Co. v. SmithMissouri Court of Appeals · 1915