Bigham v. Linville
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. K. Amick, Judge. (1) The court erred in not sustaining appellant’s demurrer to the evidence. Under the testimony respondent was not the procuring cause of the sale, never introduced the parties, did not bring them together and is entitled to no commission. Blackwell v. Adams. 28 Mo. App. 61; Mead v. Arnold, 131 Mo. App. 222; Tooker v. Duckworth, 107 Mo. App. 231; Real Estate Co. v. Real Estate Co., 144 Mo.
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Appeal from Buchanan Circuit Court. — Hon. W. K. Amick, Judge. (1) The court erred in not sustaining appellant’s demurrer to the evidence. Under the testimony respondent was not the procuring cause of the sale, never introduced the parties, did not bring them together and is entitled to no commission. Blackwell v. Adams. 28 Mo. App. 61; Mead v. Arnold, 131 Mo. App. 222; Tooker v. Duckworth, 107 Mo. App. 231; Real Estate Co. v. Real Estate Co., 144 Mo. App. 620. (2) The law is well settled in this State, that to enable a real estate broker to recover commission he must be the efficient and…
1Opinion of the Court
JOHNSON, J. —
Action to recover a. real estate broker’s commission. Verdict and judgment were for plaintiffs. Defendant appealed and argues that the court erred in not sustaining his demurrer to the evidence. His precise point is that the evidence shows as a matter of law that plaintiffs were not the efficient and procuring cause of the sale. There is no controversy over the facts that defendant employed plaintiffs to effect a sale or exchange of certain real estate owned by him in St. Joseph and that subsequently an exchange of the property was. made by defendant. The burden is on the…
2Cases cited6 opinions
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Crain v. MilesMissouri Court of Appeals · 1911
- Ramsey v. WestMissouri Court of Appeals · 1888
- F. H. & C. B. Gerhart Real Estate Co. v. Marjorie Real Estate Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ellis v. MansfieldMissouri Court of Appeals · 1923
- Huselton v. Commerce Trust Co.Missouri Court of Appeals · 1933