Kelly v. Gay
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D.-Fisher, Judge. (1) No person will be allowéd to adopt that part of a transaction which is favorable to him, and reject the rest to the injury of the one from -yhom he derived the benefit. Austin v. Loring, 63 Mo. 19. (2) When one of two innocent parties must suffer by a third, the one who has enabled such third party to occasion the loss ought to sustain it.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D.-Fisher, Judge. (1) No person will be allowéd to adopt that part of a transaction which is favorable to him, and reject the rest to the injury of the one from -yhom he derived the benefit. Austin v. Loring, 63 Mo. 19. (2) When one of two innocent parties must suffer by a third, the one who has enabled such third party to occasion the loss ought to sustain it. Rice v. Qroffman, 56 Mo. 434. (3) The power.to sell includes the power to receive payment. Glass had the power to sell, and, having such power, payment to him was proper.…
1Opinion of the CourtBiggs, J.
On the trial of this cause no exceptions were saved to the action of the court in admitting or rejecting evidence, and no instructions were asked or given; hence we must affirm the judgment, if it can be sustained on any possible theory of law applicable to the facts. Gentry v. Templeton, 47 Mo. App. 55.
The defendants are real estate agents, and the plaintiff brought his action to recover from them the purchase money for certain real estate. It was alleged in the petition that the defendants sold the property as the agents of the plaintiff, and that they had collected the purchase money and…
2Cases cited4 opinions
- Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Greenwood v. BurnsSupreme Court of Missouri · 1872
- Buckwalter v. CraigSupreme Court of Missouri · 1874
3Cited by1 opinion
- Plummer v. KnightMissouri Court of Appeals · 1911