Harkness & Russell v. Briscoe
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) Where a principal suffers injury from the negligence of an agent he is entitled to receive such a .sum in damages as will pllace him in as favorable condition as he would have been in had the contract and •duty been fulfilled. 3 Sutherland on Damages, p. 5 ; Meachem on Agency, sec. 506. The measure of damages where one is ousted by a failure to remove an incumbrance is the purchase price.
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Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) Where a principal suffers injury from the negligence of an agent he is entitled to receive such a .sum in damages as will pllace him in as favorable condition as he would have been in had the contract and •duty been fulfilled. 3 Sutherland on Damages, p. 5 ; Meachem on Agency, sec. 506. The measure of damages where one is ousted by a failure to remove an incumbrance is the purchase price. Chinn v. Wagoner, 26 Mo. App. 678; Kellogg v. Malin, 62 Mo. 429. (2) Where a broker acts as a middleman in bringing parties together who…
1Opinion of the CourtSmith, P. J.
The plaintiffs brought suit against ■defendant on a promissory note for $400 made to H. S. Burgin, and by him assigned to the plaintiffs after maturity. The answer, after admitting the execution and assignment of the note, alleged that said note was obtained from the defendant by said Burgin, and defendant was induced to execute the same in payment of commission to said Burgin for effecting the exchange of a farm owned by the defendant in the state of Kansas, known as the Elm Ranch, for Kansas City real estate; that said Burgin was at said time a real-estate agent in Kansas City, Missourithat…
2Cases cited7 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Earp v. TylerSupreme Court of Missouri · 1881
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
- Stout v. St. Louis Tribune Co.Supreme Court of Missouri · 1873
- Reese v. GarthCourt of Appeals of Kansas · 1889
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3Cited by4 opinions
- Nation v. HarnessSupreme Court of Oklahoma · 1911
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Independent Harvester Co. v. AndersonSouth Dakota Supreme Court · 1921
- Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914