Finch v. Guardian Trust Co.
Missouri Court of Appeals
Appeal from Jactson Circuit Court. — Hofb. J. H. Slomr, , Judge. (1) If tbis was a suit for commission by appellant wbo bad been tbe cause of completing a sale, tben tbe demurrer in the evidence should have been sustained, but it is not such a suit. The suit was not instituted upon any such theory. All that the plaintiff was required to do was to furnish a purchaser who was able and willing to enter into the contract agreed upon.
Read the full summary
Appeal from Jactson Circuit Court. — Hofb. J. H. Slomr, , Judge. (1) If tbis was a suit for commission by appellant wbo bad been tbe cause of completing a sale, tben tbe demurrer in the evidence should have been sustained, but it is not such a suit. The suit was not instituted upon any such theory. All that the plaintiff was required to do was to furnish a purchaser who was able and willing to enter into the contract agreed upon. The contention of appellant is that he found a purchaser who was able and willing to purchase the property at the price and sum agreed upon between the parties, but…
1Opinion of the CourtBroaddus, J.
The gist of the plaintiff’s cause of action is as follows:
*265“That on the twenty-first day of July, 1899, plaintiff entered into a contract with defendant whereby it employed plaintiff to sell real estate belonging to defendant and situated in, and in the vicinity of, Plattsburg, Clinton county, Missouri; that by the terms of said contract defendant agreed and obligated itself to pay to the plaintiff the sum of five per cent commission on the price and sum for which any real estate in said locality should be sold to any purchaser procured by the plaintiff, and particularly upon the price and sum…
2Cases cited5 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Hayden v. GrilloMissouri Court of Appeals · 1887
- Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890
- Reeves v. VetteMissouri Court of Appeals · 1895
3Cited by11 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Brown v. SmithMissouri Court of Appeals · 1905
- Goodson v. EmbletonMissouri Court of Appeals · 1904
- Cecil F. Shopen v. Joseph M. Bone, Jr., Trustee in Bankruptcy of John D. Schindler, BankruptCourt of Appeals for the Eighth Circuit · 1964
6 more not listed; retrieve them via the Exa API.