Legal Opinion

Tooker v. Duckworth

Missouri Court of Appeals

Decided May 10, 1904PublishedCited by 15 opinions

Appeal from Lawrence Circuit Court. — Ho». H. C. Pepper, Judge. (1) A contract made by a real estate broker, with a vendor of the real estate for the sale of property, which has been executed and the vendor of the real estate received the benefit of the broker’s service, is en-forcible on the part of the broker, notwithstanding his failure to comply with a city ordinance requiring him to have a license to act as a broker, and imposing a penalty for his failure' to do so. '…

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Appeal from Lawrence Circuit Court. — Ho». H. C. Pepper, Judge. (1) A contract made by a real estate broker, with a vendor of the real estate for the sale of property, which has been executed and the vendor of the real estate received the benefit of the broker’s service, is en-forcible on the part of the broker, notwithstanding his failure to comply with a city ordinance requiring him to have a license to act as a broker, and imposing a penalty for his failure' to do so. ' This wás a matter between the city and the broker and did not constitute a defense or any part 'of a defense. Prince v.…

1Opinion of the CourtBland, P. J.

This suit was brought in a justice’s court on the following account:

“Aurora, Missouri, Aug. 25, 1903.
“Mr. J. C. Duckworth in account with
“L. A. Tooker, Dr.
“To services performed in selling a stock of goods and a building as per agreement, in 1900 ............................'.. .$100.00
“Interest since 1900 at six per ceiit, being three years........................... 18.00

Total...........................$118.00”

*233The cause was taken by appeal to the circuit court, where, on a triable novo to the court sitting as a jury,, the issues were found for the defendant. Plaintiff appealed.

Plaintiff’s…

2Cases cited8 opinions

  1. Howell v. StewartSupreme Court of Missouri · 1873
  2. Ramsey v. WestMissouri Court of Appeals · 1888
  3. Michael v. BaconSupreme Court of Missouri · 1872
  4. Zeidler v. WalkerMissouri Court of Appeals · 1890
  5. Cockrell v. ThompsonSupreme Court of Missouri · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Wood v. KreppsCalifornia Supreme Court · 1914
  2. Reichardt v. HillCourt of Appeals for the Sixth Circuit · 1916
  3. Hughes v. SnellSupreme Court of Oklahoma · 1911
  4. Good v. RobinsonMissouri Court of Appeals · 1916
  5. Jennings v. OverholtMissouri Court of Appeals · 1915

10 more not listed; retrieve them via the Exa API.

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