Carroll v. Hassell
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Where a broker employed to negotiate a loan obtains one ready and willing to make the loan and it turns out that the title to the real estate is imperfect, so that the loan is not made, he is entitled to his commission; also where the borrower changed his mind and refused to accept the loan.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Where a broker employed to negotiate a loan obtains one ready and willing to make the loan and it turns out that the title to the real estate is imperfect, so that the loan is not made, he is entitled to his commission; also where the borrower changed his mind and refused to accept the loan. Fitch on Real Estate Agency, 113. (2) A new trial should be granted where the verdict is against the weight and the entire current of the testimony, or verdict contrary to the law and evidence. Chaquette v. Railroad, 152 Mo. 257. (3) In…
1Opinion of the CourtCox, J.
Plaintiff is a loan agent representing Wells & Adams of Quincy, Ill. On’ August 16, 1909, defendant and his brother, Thurman, signed an application for a loan of $450 on 123 acres of land owned by them. This application was made to Wells & Adams and the applicants agreed to pay certain com-mission and abstract fees and expenses of recording trust deeds, etc. The application was accepted by Wells & Adams, deeds of trust prepare.d by them and sent to plaintiff but defendant and his brother refused to execute them and complete the loan. Plaintiff brought suit in justice court for the commission…
2Cases cited2 opinions
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- St. Louis Steam-Heating & Ventilating Co. v. BissellMissouri Court of Appeals · 1890
3Cited by5 opinions
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- Lane v. NunnMissouri Court of Appeals · 1922
- Bibler v. IuchsMissouri Court of Appeals · 1925
- Chapman v. Levy LevyCourt of Appeals of Texas · 1917
- Chapman v. Levy LevyCourt of Appeals of Texas · 1917