Fisher & Co. Real Estate Co. v. Staed Realty Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. B. Flitcraft, Judge. (1) The proof made does not support the allegations of the petition. (2) The first instruction given at the instance of plaintiff is not bottomed upon -the allegations of the petition ; and there are no allegations in the petition to warrant the giving of said instruction.
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Appeal from St. Louis City Circuit Court. — Hon. P. B. Flitcraft, Judge. (1) The proof made does not support the allegations of the petition. (2) The first instruction given at the instance of plaintiff is not bottomed upon -the allegations of the petition ; and there are no allegations in the petition to warrant the giving of said instruction. (3) The overwhelming weight of the evidence established the fact that E. LL and O. B. Gerhart were the agents of defendant and not the agents of the plaintiff, and that they made the sale of the property to Drummond under a written contract with…
1Opinion of the CourtMarshall, J.
The defendant owned the Laclede building, corner Eourth and Olive Streets, St. Louis. There were three mortgages on it for $100,000, $175,000 and $40,000, respectively. The first mortgage bore five per cent *564interest and. the other two six per cent interest. About May or June., 1896, the defendant employed the plaintiff to sell the property, fixing the selling price at $375,000, and agreed to pay defendant, who was engaged in the real estate business, two and a half per cent commission on the sum realized from the sale, for its services. The defendant endeavored to sell, sent out some two…
2Cases cited17 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Adams v. BoydSupreme Court of Missouri · 1933
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Hensler v. StixMissouri Court of Appeals · 1905
16 more not listed; retrieve them via the Exa API.