Legal Opinion

Turner v. Snyder

Missouri Court of Appeals

Decided June 8, 1908PublishedCited by 6 opinions

Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff’s testimony is that no time was fixed. Tbis being the case the plaintiff must have produced a purchaser within a reasonable time thereafter. Hearst v. Williams, 102 S. W. 1176; Randolph v. Frick, 57 Mo. App. 400; Bradnor v. Rockdale Powder Co., 115 Mo. App. 102; Locksley v. Studebaker, 68 Atl. 98; LaForce v. Washington University, 106 Mo.

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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiff’s testimony is that no time was fixed. Tbis being the case the plaintiff must have produced a purchaser within a reasonable time thereafter. Hearst v. Williams, 102 S. W. 1176; Randolph v. Frick, 57 Mo. App. 400; Bradnor v. Rockdale Powder Co., 115 Mo. App. 102; Locksley v. Studebaker, 68 Atl. 98; LaForce v. Washington University, 106 Mo. App. 517. (1) The lower court did not err in refusing defendants instructions as to procuring a purchaser in a reasonable time. Because no such issue was tendered by the pleadings.…

1Opinion of the CourtEllison, J.

Plaintiff brought this action to recover a commission on the sale of real estate and other property for defendant. He prevailed in the trial court. All of the property was not sold at one time, there being a period of near three years intervening. The petition alleges that defendant employed plaintiff to “procure a purchaser for all of said property in said city of Carthage, agreeing with the plaintiff that if plaintiff produced a purchaser or purchasers for the same that defendant would pay the plaintiff therefor the sum of one thousand dollars. That plaintiff at once set about procuring a…

2Cases cited4 opinions

  1. LaForce v. Washington UniversityMissouri Court of Appeals · 1904
  2. Jones v. RushSupreme Court of Missouri · 1900
  3. Cushing v. PowellMissouri Court of Appeals · 1908
  4. Wallace v. FigoneMissouri Court of Appeals · 1904

3Cited by6 opinions

  1. Harris v. McPhersonSupreme Court of Connecticut · 1922
  2. Alexander v. Sherwood Co.West Virginia Supreme Court · 1913
  3. Prewitt v. WittsMissouri Court of Appeals · 1930
  4. Turner v. SnyderMissouri Court of Appeals · 1909
  5. Dickmann v. TreselerMissouri Court of Appeals · 1913

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