Dark v. Murray

PRITCHARD, Judge.

This is an appeal from a judgment, court-tried, denying appellants their claim for commission in the leasing of respondents’ property in Columbia, Missouri, to the Burger King Corporation. The issue is whether an implied contract for recovery on the theory of quantum meruit was proved.

Dark first learned of respondents’ property by seeing a sign on it, and then he called the telephone number on the sign. Mrs. Murray answered and told him that respondents preferred to lease the property at not less than $700.00 per month net. Because Dark knew that Sandbothe had been employed…