Witty v. Saling
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Charles * D. Stewart, Judge. The petition declares upon an express written contract executed by William Saling, and alleged to have been ratified by his codefendant, Martha A. Saling, by which defendants were to pay as commission the sum of one thousand dollars, and afterwards alleged to have been modified by parol by being reduced exactly two hundred and fifty dollars, leaving’ the amount seven hundred and fifty dollars sought to…
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Appeal from Scotland Circuit Court. — Eon. Charles * D. Stewart, Judge. The petition declares upon an express written contract executed by William Saling, and alleged to have been ratified by his codefendant, Martha A. Saling, by which defendants were to pay as commission the sum of one thousand dollars, and afterwards alleged to have been modified by parol by being reduced exactly two hundred and fifty dollars, leaving’ the amount seven hundred and fifty dollars sought to be recovered. The evidence all showed that the defendants were indebted to plaintiffs in the exact sum of seven and fifty…
1Opinion of the CourtAllen, J.
(after stating the facts). — The verdict cannot be allowed to stand. Plaintiffs sued upon an express contract. By the terms of the writing itself, they were to receive $1000, as commission, in case they procured a purchaser ready, willing and able to purchase the property at the price stipulated in the contract. It was averred that the written contract was, subsequent to its execution, modified by parol so that plaintiffs’ commission was to be reduced to $750, and proof was offered to sustain these averments of the petition. Plaintiffs pleaded this contract, as modified by the subsequent…
2Cases cited7 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Gaty v. SackMissouri Court of Appeals · 1885
- Chinn v. DavisMissouri Court of Appeals · 1886
- Weisels-Gerhardt Real Estate Co. v. Pemberton Investment Co.Missouri Court of Appeals · 1910
- Crigler v. DuncanMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Equitable Life Assur. Soc. v. Mercantile Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1944
- Shoemaker v. JohnsonMissouri Court of Appeals · 1918
- Morey v. FeltzMissouri Court of Appeals · 1915
- Ashenford v. L. Yukon & Sons Produce Co.Missouri Court of Appeals · 1943
- St. Paul Machinery Manufacturing Co. v. Henry Gaus & Sons Manufacturing Co.Missouri Court of Appeals · 1918
5 more not listed; retrieve them via the Exa API.