Goodson v. Embleton
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Ron. Nat. M. Shelton, Judge. (1) The court should have given defendant’s instruction at the conclusion of plaintiff’s evidence. Crosgrove v. Realty Co., 175 Mo. 100; Cole v. Armour, 154 Mo. 333; Clements v. Yeates, 69 Mo. 623; Huston v. Tyler, 140 Mo. 252; Missouri Code Pleadings (Pattison), ch, 9, sec. 182; Higgins v. Heame, 74 Mo. App. 86; Burns v. Freling, 98 Mo. App. 267; Hayden v. Grillo, 26 Mo. App. 289; Zeidler v. Walker, 41 Mo.
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Appeal from Macon Circuit Court. — Ron. Nat. M. Shelton, Judge. (1) The court should have given defendant’s instruction at the conclusion of plaintiff’s evidence. Crosgrove v. Realty Co., 175 Mo. 100; Cole v. Armour, 154 Mo. 333; Clements v. Yeates, 69 Mo. 623; Huston v. Tyler, 140 Mo. 252; Missouri Code Pleadings (Pattison), ch, 9, sec. 182; Higgins v. Heame, 74 Mo. App. 86; Burns v. Freling, 98 Mo. App. 267; Hayden v. Grillo, 26 Mo. App. 289; Zeidler v. Walker, 41 Mo. App. 118. (2) There is a fatal yariance between plaintiff’s petition and proof. Plaintiff can only recover if at all on the…
1Opinion of the CourtBroaddus, J.
The plaintiff’s suit is founded upon the following written contract (omitting description of the property):
“New Cambria, Mo., July 12,1902.
“I hereby constitute and appoint Gran Goodson agent to negotiate sale of the property hereinafter described, at the price and terms herein stated, or on such other price and terms as may be accepted giving him sole and only authority to make such sale for the period of up to August 1, 1902, from the date hereof. And in consideration of his services as such agent on the completion of the sale, I hereby agree to pay him, his heirs or assigns, whatever amount…
2Cases cited3 opinions
- Nesbitt v. HelserSupreme Court of Missouri · 1872
- Finch v. Guardian Trust Co.Missouri Court of Appeals · 1901
- Rice-Dwyer Real Estate Co. v. RuhlmanMissouri Court of Appeals · 1897
3Cited by12 opinions
- Helwig v. FogelsongSupreme Court of Iowa · 1914
- Hardy v. DavisCourt of Appeals of Maryland · 1960
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Brown v. SmithMissouri Court of Appeals · 1905
- Cole v. CrumpMissouri Court of Appeals · 1913
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