Dickmann v. Treseler
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — lion. G. A. Wurdemcm, Judge. (1) An unilateral contract is not enforceable.
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Appeal from St. Louis County Circuit Court. — lion. G. A. Wurdemcm, Judge. (1) An unilateral contract is not enforceable. Scboenmann v. Whitt, 136 Wis. 332; Stensgaard v. Smith, 43‘ Minn. 11; Santaella & Co. v. Lange Co., 155 ■Fed. 719; Transportation Co. v. Bolt & Nut Co., 114 Fed. 77. (2) There was a total failure to prove the issues on the part of the respondent, and the court committed error when he sustained the motion for a new trial, for any of the causes therein set forth. Homuth v. Street Railway, 129' Mo. 629.
1Opinion of the CourtAllen, J.
On April 20, 1906, defendant appointed plaintiff, a real estate broker, as her agent to sell certain real property belonging to her, situated in the city of St. Louis. Said appointment was made by an instrument of writing, signed by defendant, which, after describing the property and stating the price at which the same was to be sold, to-wit, $7500; proceeded'as follows-:
“Joseph F. Dickmann Real Estate Co. I hereby appoint you my sole agent to sell, this property for me on above terms and I will' pay you a commission of 2!4>%. on the amount sold for.
“This can be altered or terminated on…
2Cases cited4 opinions
- LaForce v. Washington UniversityMissouri Court of Appeals · 1904
- Wallace v. FigoneMissouri Court of Appeals · 1904
- Turner v. SnyderMissouri Court of Appeals · 1908
- Green v. WrightMissouri Court of Appeals · 1889
3Cited by2 opinions
- Wanstrath Real Estate Co. v. WenzMissouri Court of Appeals · 1914
- Mercantile Trust Co. v. JohnsonMissouri Court of Appeals · 1913