Blanke v. Dunnermann
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. ■ The money placed in' respondent’s hands was not “earnest money,” but a deposit merely for probable purchase, which failed. Earnest is something given by the buyer to the seller to bind the bargain or in part payment. 1 Abb. Law Die., Earnest; Anderson’s Law Die., Earnest; 5 Am. and Eng.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. ■ The money placed in' respondent’s hands was not “earnest money,” but a deposit merely for probable purchase, which failed. Earnest is something given by the buyer to the seller to bind the bargain or in part payment. 1 Abb. Law Die., Earnest; Anderson’s Law Die., Earnest; 5 Am. and Eng. Encyclopedia of Law, 580; 8 Id. 736; Howe v. Smith, 27 Ch. Div. 99-105; Benj. on Sales (Bennett) [6 Ed.], 164, secs. 211-219. See, also, Howe v. Haywood, 108 Mass. 54, 55; Noalces v. Morey, 30 Ind. 103; 1 Reed on Stat. Frauds, sec.…
1Opinion of the CourtBiggs, J.
The defendant is a real estate agent, and, at the time of the negotiations hereinafter referred to, he was the agent of the owners for the sale of seventy-five feet of ground situated on the corner of Gratiot and Seventh streets in the city of St. Louis. The C. F. Blanke Tea and Coffee Company wished to purchase the ground, and the plaintiff was appointed as its agent to make the purchase. ■ Prior to January 19, 1895, the plaintiff and defendant discussed the proposed purchase, and the plaintiff signified the willingness of the Tea and Coffee Company to pay $18,000 for the property. With the…
2Cases cited4 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Suddarth v. RobertsonSupreme Court of Missouri · 1893
- Hess v. ClarkMissouri Court of Appeals · 1882
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
3Cited by6 opinions
- Wilcox v. BaerMissouri Court of Appeals · 1900
- Riley-Wilson Grocer Co. v. Seymour Canning Co.Missouri Court of Appeals · 1908
- J. W. Reedy Elevator & Manufacturing Co. v. MertzMissouri Court of Appeals · 1904
- Thetford v. General Accident Assurance Corp.Missouri Court of Appeals · 1910
- Big Four Realty Co. v. ClarkMissouri Court of Appeals · 1909
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