Marks v. Davis
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. Defendants’ objection to the evidence should have been sustained, and their instructions for a nonsuit granted. R. S. 1889, sec. 5186; Browne on Stat. Frauds [5 Ed.], secs. 282, 460; Wood on Mas. and Ser. [2 Ed.], pp. 369, 379, 382, 383; Pitcher v. Wilson, 5 Mo. 46; Johnsonv. Beading, 36Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. Defendants’ objection to the evidence should have been sustained, and their instructions for a nonsuit granted. R. S. 1889, sec. 5186; Browne on Stat. Frauds [5 Ed.], secs. 282, 460; Wood on Mas. and Ser. [2 Ed.], pp. 369, 379, 382, 383; Pitcher v. Wilson, 5 Mo. 46; Johnsonv. Beading, 36Mo. App. 306, and citations; Same v. Same, affirmed; Nally v. Beading, 107 Mo. 350; Townsend v. Hawkins, 45 Id. 286; Withnellv. Petzold, 104 Id. 409; Berry v. Hatzell, 91 Id. 132; McElroy v. Ludlum, 31 N. J. Eq. 828; Osborn v.…
1Opinion of the CourtBland, P. J.
The respondent in his petition averred that appellants were co-partners engaged in *559the wholesale dry goods business in the city of St. Louis under the firm name of S. O. Davis & Company. That prior to January 1, 1895, defendants employed plaintiff as a traveling salesman at an agreed salary of $3,000 per annum, and in addition agreed with plaintiff if the gross profits realized by them as the result of plaintiff’s sales of their goods should equal or exceed the sum of $20,000, for the fiscal year of their business, commencing on the first day of December, 1894, and ending on the thirtieth day…
2Cases cited11 opinions
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Winters v. CherrySupreme Court of Missouri · 1883
- Self v. CordellSupreme Court of Missouri · 1870
- Tatum v. BrookerSupreme Court of Missouri · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Diamond v. JacquithArizona Supreme Court · 1912
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Swinney v. Continental Building Co.Supreme Court of Missouri · 1937
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
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