Millar & Abbott v. Porter
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hor. Yirton Pike, Special Judge. Statement of case by the court. This was an action begun by plaintiffs before a justice of the peace to recover compensation as brokers for effecting the sale of real estate of the defendant.
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Appeal from Buchanan Circuit Court, Hor. Yirton Pike, Special Judge. Statement of case by the court. This was an action begun by plaintiffs before a justice of the peace to recover compensation as brokers for effecting the sale of real estate of the defendant. The statement was as follows: “Mr. Benjamin C. Porter, to Millan & Abbott, Dr. To commission on sale of dwelling-house, on Francis street, bet. 17th and 18th streets....................$100” No answer was filed, none being required under our practice before a justice of the peace, but the defence, as stated by defendant’s counsel in…
1Opinion of the Court
I
Hall, J.
Under the instructions given in the case the jury could not have found for the plaintiffs without finding also that the defendant did not at the time of employing the plaintiffs instruct them to sell the property for cash. The verdict of the jury in favor of plaintiffs is binding upon us as to all facts necessarily found by the jury in order to reach the verdict, and to prove which there was sufficient evidence. As to what instructions the defendant gave as to the terms on which the property should be sold the defendant and plaintiff Abbott disagreed. Abbott testified that the…
2Cases cited6 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Bell v. KaiserSupreme Court of Missouri · 1872
- Goffe v. GibsonMissouri Court of Appeals · 1885
- Gaty v. SackMissouri Court of Appeals · 1885
- Timberman v. CraddockSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Armco Steel Corporation, a Corporation v. Realty Investment Company, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Hovey & Brown v. AaronMissouri Court of Appeals · 1908
- Wright v. BrownMissouri Court of Appeals · 1897
- Yoder v. Randol NixSupreme Court of Oklahoma · 1905
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
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