Clark v. King
Missouri Court of Appeals
Appeal from the Circuit Court of Audrain County.— Hon. E. 8. Gantt, Judge. (1) Plaintiffs declare on an express contract and cannot recover on an implied contract. Lewis v. Slack, 27 Mo. App. 119; Egerman v. Mt. Sini, 61 Mo. 489. (2) A request is essential in all cases of contract.. Plaintiffs cannot recover for voluntary services. Heimenz v. G-oerger, 51 Mo. App. 586; Ballentine & Boone v. Mercer, 130 Mo.
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Appeal from the Circuit Court of Audrain County.— Hon. E. 8. Gantt, Judge. (1) Plaintiffs declare on an express contract and cannot recover on an implied contract. Lewis v. Slack, 27 Mo. App. 119; Egerman v. Mt. Sini, 61 Mo. 489. (2) A request is essential in all cases of contract.. Plaintiffs cannot recover for voluntary services. Heimenz v. G-oerger, 51 Mo. App. 586; Ballentine & Boone v. Mercer, 130 Mo. App. 605; Allen’s Admx. v. Richmond College, 41 Mo. 309. (3) The acts of plaintiffs were not the “procuring and inducing cause” in finding the purchaser. Mead v. Arnold, 131 Mo. App. 214;…
1Opinion of the Court
Plaintiffs as partners sue to recover a commission as real estate brokers. Following the verdict of a jury there was a judgment for plaintiff's, from which defendant has appealed.
Plaintiffs were in the real estate, loan and insurance business at Mexico. The insurance feature of the business was handled exclusively by D.H. Cauthorn. The defendant was a resident of Illinois and for some years had owned a large farm in Audrain County, on which he had temporarily resided for a period of eighteen months during the years 1908 and 1909. The defendant was acquainted with the plaintiffs and had had…
2Cases cited1 opinion
- Gamble v. GretherMissouri Court of Appeals · 1904
3Cited by3 opinions
- EA Mabes and Company v. FishmanMissouri Court of Appeals · 1955
- Reitz v. OglebayMissouri Court of Appeals · 1923
- Kotsrean Realty Co. v. SteimkeMissouri Court of Appeals · 1924