Hayden v. Grillo
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. ' An agreement on the part of a real-estate broker to make a sale is not fulfilled by merely finding a purchaser able and willing to buy. He must do more. He must put his principal in a position to enforce the contract of purchase, and to that end nothing short of an agreement in writing signed by the purchaser will entitle the broker to recover, should the principal refuse to consummate the sale.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. ' An agreement on the part of a real-estate broker to make a sale is not fulfilled by merely finding a purchaser able and willing to buy. He must do more. He must put his principal in a position to enforce the contract of purchase, and to that end nothing short of an agreement in writing signed by the purchaser will entitle the broker to recover, should the principal refuse to consummate the sale. R. S. 1879, sec. 2513; Drury r. Newman, 99 Mass. 256 ; Hyams r. Miller, 71 Ga. 618 ; Rice v. Mayo, 107 Mass. 550;…
1Opinion of the CourtBiggs, J.
This case has been before this court before, and is reported in the 26 Mo. App. 290. The judgment on that appeal was reversed and the cause remanded, because of a failure on the part of the plaintiffs to allege in their petition that they had secured a purchaser (naming him), who was ready and able to complete the purchase upon the terms offered by defendant for certain property in the city of St. Louis.
Plaintiffs are real-estate agents in the city of St. Louis and brought this suit to recover commissions for the sale of a lot belonging to defendant and situated on Olive street.
The plaintiffs…
2Cases cited9 opinions
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Moses v. . BierlingNew York Court of Appeals · 1865
- Love v. MillerIndiana Supreme Court · 1876
- Ramsey v. WestMissouri Court of Appeals · 1888
- Hyams v. MillerSupreme Court of Georgia · 1883
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3Cited by38 opinions
- Gunn v. Bank of CaliforniaCalifornia Supreme Court · 1893
- Coppage v. HowardCourt of Appeals of Maryland · 1916
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Henry v. HarkerOregon Supreme Court · 1911
- Carter v. OwensSupreme Court of Florida · 1909
33 more not listed; retrieve them via the Exa API.