George B. Loving Co. v. Hesperian Cattle Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. Eon. J. E. Slover, J udge.. (1) Defendants employed plaintiff as a broker upon the stipulated commission of $5,000, 'to procure a purchaser for defendants’ ranch and cattle, located in Texas, the price and terms to be fixed by defendants who were to conduct the negotiations and conclude the sale in person.
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Appeal from Jackson Circuit Court. Eon. J. E. Slover, J udge.. (1) Defendants employed plaintiff as a broker upon the stipulated commission of $5,000, 'to procure a purchaser for defendants’ ranch and cattle, located in Texas, the price and terms to be fixed by defendants who were to conduct the negotiations and conclude the sale in person. By the terms of this employment, plaintiff performed its entire contract and was entitled to the commission, when it found and procured Richards as a prospective buyer, and sent him to defendants to negotiate a purchase, and defendants accepted him as a…
1Opinion of the CourtGantt, P. J.
This is an appeal from the circuit court of Jackson county, Missouri. At the close of plaintiff’s case the defendants, by way of demurrer to the evidence, asked the court to instruct the jury that under the pleadings and evidence, the plaintiff was not entitled to recover, and thereupon and before the court had sustained said demurrer, plaintiff took a nonsuit, with leave to move to set the same aside, and afterwards within four days moved the court to set aside said nonsuit, and the court declining to do so, plaintiff appealed.
The pleadings, omitting caption, are as follows:
Petition.
“The…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wade v. HardySupreme Court of Missouri · 1882
- Price v. HallettSupreme Court of Missouri · 1897
- Neal v. LehmanCourt of Appeals of Texas · 1896
- Bailey v. SmithSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Fox v. BurtonSupreme Court of Missouri · 1966
- McClure v. National Bank of CommerceSupreme Court of Missouri · 1914
- Osburn v. Court of HonorMissouri Court of Appeals · 1910
- Alcorn v. MooreMissouri Court of Appeals · 1965
5 more not listed; retrieve them via the Exa API.