Warren Commission & Investment Co. v. Hull Real Estate Co.
Missouri Court of Appeals
Appeal from St. Louis Oity Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) There was no evidence that Hull had any authority except as agent to sell the property, and therefore, even if it should, be conceded that he attempted to bind appellant in a promise to pay respondent a commission, such.attempted agreement would not be binding on appellant. Tiffany on Agency, p. 462; Atlee v. Fink, 75 Mo. 103; Homan v. Ins. Co., 7 Mo. App. 25; Jenkins v. Funk, 33 Fed.
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Appeal from St. Louis Oity Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) There was no evidence that Hull had any authority except as agent to sell the property, and therefore, even if it should, be conceded that he attempted to bind appellant in a promise to pay respondent a commission, such.attempted agreement would not be binding on appellant. Tiffany on Agency, p. 462; Atlee v. Fink, 75 Mo. 103; Homan v. Ins. Co., 7 Mo. App. 25; Jenkins v. Funk, 33 Fed. Rep. 915. (2) The most liberal (for plaintiff) construction to be put upon all the evidence is that plaintiff was Hull Co.’s…
1Opinion of the CourtBland, P. J.
(after stating the facts.)
1. At the close of plaintiff’s evidence and again at the close of all the evidence, defendant offered an instruction in the nature of a demurrer to the evidence. The court refused to grant either of these instructions. This ruling is assigned as error on the ground that there is no evidence tending to show that plaintiff was authorized to sell the *437property as the agent of defendant. The evidence is all one way, and in fact it appears by defendant’s evidence, that the Hull Company was the authorized agent of the defendant to sell the property, and that the Hull…
2Cases cited2 opinions
- Shinn v. WoodersonMissouri Court of Appeals · 1902
- Patterson v. Missouri Glass Co.Missouri Court of Appeals · 1897
3Cited by4 opinions
- Allen v. RoachTexas Commission of Appeals · 1927
- McCormick v. TissierSupreme Court of Alabama · 1931
- Belt v. BeltMissouri Court of Appeals · 1926
- Gentry v. United Cities Realty Corp.Missouri Court of Appeals · 1915