Harrison v. Lakenan
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — No». E. M. Hughes, Judge. (1) The first count of the petition does not state a cause of action against a real estate broker — no authority is alleged to collect the purchase money. Stewart v. Wood, 63 Mo. 252; Butler v. Donnan, 68 Mo. 298; Chambers v. Short, 79 Mo. 204; Smith v. Allen, 86 Mo. 178; 4 Am. and Eng. Ency.
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Appeal from Audrain Circuit Court. — No». E. M. Hughes, Judge. (1) The first count of the petition does not state a cause of action against a real estate broker — no authority is alleged to collect the purchase money. Stewart v. Wood, 63 Mo. 252; Butler v. Donnan, 68 Mo. 298; Chambers v. Short, 79 Mo. 204; Smith v. Allen, 86 Mo. 178; 4 Am. and Eng. Ency. Law (2 Ed.), 965. (2) There was a complete variance between the allegations of the first count of the petition on which the case was tried and the proof, and the general and special demurrers or either should have been sustained. The contract…
1Opinion of the CourtMarshall, J.
This is an action at law to recover $4,907.10 alleged to have been received by the defendants for the use of the plaintiff, and by the defendants retained without the knowledge or consent of the plaintiff. There was a verdict and judgment for the plaintiff for $4,888, from which, after proper steps, the defendants appealed.
The Issues.
The petition was originally in three counts, and upon motion of the defendants, the plaintiff was required to elect upon which count he would stand, and accordingly he elected to stand on the first count of the petition. In substance that count alleges that the…
2Cases cited5 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
- State v. GeeSupreme Court of Missouri · 1885
3Cited by11 opinions
- Cochran v. WilsonSupreme Court of Missouri · 1921
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Wendling v. BowdenSupreme Court of Missouri · 1913
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Jones v. PeytonCourt of Appeals for the Fourth Circuit · 1969
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