Mercantile Trust Co. v. Lamar
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) An exclusive agency does not deprive the owner of tlie right- to find a purchaser or obligate him to pay a commission, if he sells his own property without the aid of the broker.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) An exclusive agency does not deprive the owner of tlie right- to find a purchaser or obligate him to pay a commission, if he sells his own property without the aid of the broker. Packing Co. v. Farmer’s Union, 55 Cal. 606; Waterman v. Boltinghouse, 82 Cal. 659; Moses v. Bierling, 31 N. Y. 462 ; Schoenmann v. Whitt, 136 Wis. 332; Stensgaard v. Smith, 43 Minn. 11. (2) In. its inception the appointment was a nudum pactum, because respondent did not agree to do anything; and taking the view most favorable to respondent,…
1Opinion of the CourtGoode, J.
By an instrument signed by defendant and dated February 1, 1907, he appointed plaintiff exclusive agent to sell a house and lot, to-wit, a part of lot 2, block 4847 in the city of St. Louis, stating the lowest price he would accept was f6750. The instrument contained this clause:
“In consideration of the Mercantile Trust Company advertising the property, and their efforts to sell the same, if a sale or exchange of said property is made while in charge of said company, I agree to pay for their services a commission of 2 1-2 per cent on above price. My title is perfect, and, in event of sale,…
2Cases cited4 opinions
- Fuller v. EllisMichigan Supreme Court · 1893
- Metcalf v. KentSupreme Court of Iowa · 1898
- Hardy v. SmithMassachusetts Supreme Judicial Court · 1884
- Chapin v. BridgesMassachusetts Supreme Judicial Court · 1874
3Cited by19 opinions
- Barnet v. CannizzaroAppellate Division of the Supreme Court of the State of New York · 1957
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
- Byers Bros. Real Estate & Insurance Agency, Inc. v. CampbellMissouri Court of Appeals · 1959
- Chamberlain v. GrishamSupreme Court of Missouri · 1950
- Wanstrath Real Estate Co. v. WenzMissouri Court of Appeals · 1914
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