Legal Opinion

Dennison v. Gault

Missouri Court of Appeals

Decided June 8, 1908PublishedCited by 3 opinions

Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Special Judge. (1) The court erred in overruling the defendant’s •demurrer to the evidence and in giving plaintiff’s instruction number 2 and in giving instructions of its ■own motion numbers 3 and 4, and in refusing defend- ■ ant’s instructions numbers 7, 8 and 9. Norman v. Rose-man, 59 Mo. App. 685; Chapman v. Currie, 51 Mo. App. 43; Carr v. Ubsell, 97 Mo. App. 331; Morrison v. Murphy, 36 Mo.

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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Special Judge. (1) The court erred in overruling the defendant’s •demurrer to the evidence and in giving plaintiff’s instruction number 2 and in giving instructions of its ■own motion numbers 3 and 4, and in refusing defend- ■ ant’s instructions numbers 7, 8 and 9. Norman v. Rose-man, 59 Mo. App. 685; Chapman v. Currie, 51 Mo. App. 43; Carr v. Ubsell, 97 Mo. App. 331; Morrison v. Murphy, 36 Mo. App. 36; Bent v. Priest, 86 Mo. 482. (1) Respondent is suing neither seller nor buyer for commissions. He is suing his associates on an express…

1Opinion of the CourtBroad Dus, P. J.

This suit was commenced before a justice of the peace against J. J. Morgan, a Mrs. Van Ronzelen and the appellant Gault. As no service was had against Mrs. Van Ronzelen the suit was dismissed as to her and defendant Morgan did not appeal from the judgment of the justice. On trial in the circuit court plaintiff again recovered judgment and defendant Gault again appealed.

It appeared from the evidence that there was a certain brewery property situated- in Joplin, Missouri, which Morgan, Mrs. Van Ronzelen and defendant had for sale as real estate agents. The plaintiff was also a real estate…

2Cases cited3 opinions

  1. Chapman v. CurrieMissouri Court of Appeals · 1892
  2. Carr v. UbsdellMissouri Court of Appeals · 1902
  3. Norman v. RosemanMissouri Court of Appeals · 1894

3Cited by3 opinions

  1. Bowers v. RothSupreme Court of Iowa · 1920
  2. Deakin v. ScheuerWisconsin Supreme Court · 1923
  3. Dennison v. GaultMissouri Court of Appeals · 1910

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