Brown v. Smith
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) Plaintiff sues on a written contract by which he was authorized to sell on account of defendants the west half of northwest quarter and northwest quarter of southwest quarter and southeast quarter of southwest quarter of sec. 9, 25,15. The alleged contract is an unanswered letter from defendants to plaintiff, dated March 9, 1902. There was no acceptance in writing by plaintiff.
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Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) Plaintiff sues on a written contract by which he was authorized to sell on account of defendants the west half of northwest quarter and northwest quarter of southwest quarter and southeast quarter of southwest quarter of sec. 9, 25,15. The alleged contract is an unanswered letter from defendants to plaintiff, dated March 9, 1902. There was no acceptance in writing by plaintiff. This did not constitute a contract. Pub. & Engr. Co. v. Walker, 87 Mo. App. 503; Cloth Co. y. Shorp, 83 Mo. App. 385. (2) Plaintiff, having sued upon…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Appellant argues that there was no evidence showing respondent Brown accepted the proposition to sell the lands for ten per cent commission contained in appellant’s letter supra. There was some evidence tending to show that respondent wrote to appellant telling him that he would go to work on the proposition. But be that as it may, all of the evidence shows that he did accept the proposition contained in the letter and that he immediately commenced to work thereon. The letter is dated March 9. On the 15th day of the same month, in company with one of the…
2Cases cited19 opinions
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Wright v. BrownMissouri Court of Appeals · 1897
- Stinde v. BleschMissouri Court of Appeals · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Matson v. PearsonMissouri Court of Appeals · 1906
- Staples v. O'REILLYMissouri Court of Appeals · 1956
- Politte v. WallMissouri Court of Appeals · 1953
- Moseley & Co. v. Building Leasing Corp.Missouri Court of Appeals · 1979
8 more not listed; retrieve them via the Exa API.