Lipscomb v. Mastin
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The property not having been sold oh the terms set forth in plaintiff’s petition, he made no case. Cole y. Armour,' 154 Mo. 350; Warsaw v. McElroy, 33 Mo. App. 553; Reiger v. Biggs, 29 Mo. App. 421; Blackwell y. Adams, 28 Mo. App. 61; Lowry y. Mining Co., 65 Mo.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The property not having been sold oh the terms set forth in plaintiff’s petition, he made no case. Cole y. Armour,' 154 Mo. 350; Warsaw v. McElroy, 33 Mo. App. 553; Reiger v. Biggs, 29 Mo. App. 421; Blackwell y. Adams, 28 Mo. App. 61; Lowry y. Mining Co., 65 Mo. App. 266. (2) Plaintiff was not the procuring cause of the trade that was made, and the court should have given the declaration of law that the plaintiff could not recover. Gamble v. Grether, 108 Mo. App. 340; Henkle y. Dunn, 97 M'o. App. 671; Yoder y. White, 75…
1Opinion of the CourtJohnson, J.
Plaintiff, a real estate agent in Kansas City, sued Reuben F. Mastin for a commission alleged to have been earned in the sale of a farm. Mas-tin died after the commencement of the suit and in due course the executor of his estate was made defendant. A jury was waived and a trial to the court resulted *230in a judgment for plaintiff for $3594.45. Defendant appealed and argues that his demurrer to the evidence should have been sustained on three grounds, viz., first, that the petition does not plead a cause of action in quantum meruit and the evidence, in whatsoever light considered, will sustain…
2Cases cited2 opinions
- Hovey & Brown v. AaronMissouri Court of Appeals · 1908
- Blair v. PatersonMissouri Court of Appeals · 1908
3Cited by6 opinions
- Burdett v. ParishMissouri Court of Appeals · 1915
- Goldsberry v. ThomasMissouri Court of Appeals · 1914
- McClure v. ClementMissouri Court of Appeals · 1912
- Hughes v. Lyon Lumber Co.Louisiana Court of Appeal · 1925
- Huselton v. Commerce Trust Co.Missouri Court of Appeals · 1933
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