Legal Opinion

Hogan v. Slade

Missouri Court of Appeals

Decided February 3, 1903PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. (1) Defendant’s peremptory instruction asked at the end of plaintiff’s case, and renewed at the conclusion of the trial, should have been given.

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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. (1) Defendant’s peremptory instruction asked at the end of plaintiff’s case, and renewed at the conclusion of the trial, should have been given. On the whole case plaintiff was not entitled to recover, (a) The plaintiff’s evidence showed that the only employing of him by defendant was to sell at certain specific prices, and within fixed limits of time; and that before the making of the sale at $160,000 by Small and Crouch, all the times within which he had béen authorized to act had expired, and he was then without…

1Opinion of the CourtGoode, J.

This is an action to recover a commission for selling land which defendant had an interest in, the sale having been made, the petition alleges, by the plaintiff Hogan as Slade’s agent.

The land was known as the Holden tract and consisted of thirty-five acres in the western part of the City of St. Louis, bounded on the north by Delmar avenue and on the west by the river Des Peres, and not far from the western portion of Forest Park, where the World’s Fair grounds are. The land was owned as tenants in common by four persons, their interests being as follows: Charles Slade, thirty-two…

2Cases cited2 opinions

  1. Tyler v. ParrSupreme Court of Missouri · 1873
  2. Reynolds v. TompkinsWest Virginia Supreme Court · 1883

3Cited by9 opinions

  1. Gresham v. LeeSupreme Court of Georgia · 1922
  2. Hovey & Brown v. AaronMissouri Court of Appeals · 1908
  3. Paschall & Gresham v. GillissSupreme Court of Virginia · 1912
  4. Millage v. IrwinSupreme Court of Colorado · 1920
  5. Dalke v. SivyerWashington Supreme Court · 1909

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