Gerhart v. Peck
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Plaintiffs ’ petition does not state facts sufficient to constitute a cause of action against defendant. There is no allegation that the deed of trust constituted a lien, or that defendant refused to consummate. Hayden v. Orillo, 26 Mo. App. 293 ; Price v. Mayo, 107 Mass. 550; Barnard v. Monnot, 34 Barb. 90; Hayden ,®. Orillo, 35 Mo.
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Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Plaintiffs ’ petition does not state facts sufficient to constitute a cause of action against defendant. There is no allegation that the deed of trust constituted a lien, or that defendant refused to consummate. Hayden v. Orillo, 26 Mo. App. 293 ; Price v. Mayo, 107 Mass. 550; Barnard v. Monnot, 34 Barb. 90; Hayden ,®. Orillo, 35 Mo. App. 654. (2) Plaintiffs, having declared upon a contract to sell this property, there "was not sufficient evidence of performance to justify the court in permitting the case to go to…
1Opinion of the CourtBiggs, J.
The plaintiffs are real-estate agents, and they sue to recover three hundred and seventy-three dollars, which amount they allege is due them from the defendant on account of a contract of employment to sell certain real estate belonging to him. The cause of action as stated in the petition is as follows : That on the first day of November, 1888, the defendant, who claimed to be the owner of certain real estate in the city of St. Louis, employed the plaintiffs to sell the same; that it was agreed that they should receive, as compensation for their services in negotiating a sale, all , they…
2Cases cited8 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Love v. OwensMissouri Court of Appeals · 1888
- Kerr v. SimmonsSupreme Court of Missouri · 1884
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Christensen v. WooleyMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lombard v. SillsMissouri Court of Appeals · 1913
- Ranck v. WickwireSupreme Court of Missouri · 1914
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Cecil F. Shopen v. Joseph M. Bone, Jr., Trustee in Bankruptcy of John D. Schindler, BankruptCourt of Appeals for the Eighth Circuit · 1964
- Duggins v. SimonsSupreme Court of Missouri · 1974
8 more not listed; retrieve them via the Exa API.