Legal Opinion

Wanstrath Real Estate Co. v. Wenz

Missouri Court of Appeals

Decided November 3, 1914PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) A petition in a civil action must set forth facts sufficient to constitute a cause of action to sustain a verdict and judgment.

Read the full summary

Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) A petition in a civil action must set forth facts sufficient to constitute a cause of action to sustain a verdict and judgment. Sec. 1794, R. S. 1909. The petition in' this case is brought upon a paragraph of the contract of agency, constituting plaintiff their sole agents to sell said house and lot' — the authority given is indefinite and uncertain as to the length of time the authority shall continue. There is no allegation in the petition that the authority was in force at the time the property was sold, or that…

1Opinion of the CourtAllen, J.

This is an action to recover a broker’s commission upon the sale price of certain real estate in the city of St. Louis, in accordance with the terms of a written contract entered into between the plaintiff corporation and the defendant owners of said property. The cause was instituted before a justice of the peace, where plaintiff had judgment. Upon defendants’ appeal to the circuit court, and a trial de novo there, before the court and a jury, the court ner*165eniptorily directed a verdict for plaintiff. From a judgment entered upon the verdict so returned, the defendants have appealed to this…

2Cases cited6 opinions

  1. Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
  2. Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
  3. Green v. WrightMissouri Court of Appeals · 1889
  4. Mercantile Trust Co. v. JohnsonMissouri Court of Appeals · 1913
  5. Sterling Silver Manufacturing Co. v. WorrellMissouri Court of Appeals · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Harris v. McPhersonSupreme Court of Connecticut · 1922
  2. Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
  3. Chamberlain v. GrishamSupreme Court of Missouri · 1950
  4. French v. LoveCourt of Appeals of Texas · 1926
  5. Blankenship v. KiehneMissouri Court of Appeals · 1949

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API