Bailey v. Chapman
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. Plaintiff’s instruction given: “ If the jury believe from the evidence that the defendant employed the plaintiff to sell the real estate described in the petition for one hundred dollars per foot, one third cash, one third in one year, and one third in two years; that the said plaintiff undertook to sell said property for said price and upon said terms ; that said plaintiff procured a purchaser for said lot at said price and upon said…
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Appeal from, St. Louis Circuit Court. Plaintiff’s instruction given: “ If the jury believe from the evidence that the defendant employed the plaintiff to sell the real estate described in the petition for one hundred dollars per foot, one third cash, one third in one year, and one third in two years; that the said plaintiff undertook to sell said property for said price and upon said terms ; that said plaintiff procured a purchaser for said lot at said price and upon said terms, and reported the same to said defendant; that said defendant had, after said employment and before said plaintiff…
1Opinion of the CourtWagner, Judge
The objection that the court permitted the plaintiff to be recalled and re-examined could not have operated to the serious detriment of the defendant, and no advantage can be *538taken of it on error, as it was a matter resting in the sound discretion of the court. No exceptions were taken to the instructions ; but we have examined them and think they are wholly unobjectionable, and correctly expound the law as applicable to the case made by the pleadings and evidence. The testimony was conflicting, but it was for the jury to weigh and attach to it whatever importance they deemed it deserved.
A…
2Cases cited2 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Glentworth v. LutherNew York Supreme Court · 1855
3Cited by12 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Brown v. SmithMissouri Court of Appeals · 1905
- Christensen v. WooleyMissouri Court of Appeals · 1890
- Nesbitt v. HelserSupreme Court of Missouri · 1872
- Woods v. StephensSupreme Court of Missouri · 1870
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