Duncan v. Turner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Charles Claflin Allen, Judge. (1)- The defendant’s answer admits that defendant executed the contract sued on and it was fatal error to give the instruction in the nature of a demurrer to the evidence, (a) The rule has been long established, in Missouri, that if a real estate agent procures a purchaser, ready, willing and financially able to make the purchase absolutely, on the terms fixed by the principal, or to respond in…
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Appeal from St. Louis City Circuit Court. — Eon. Charles Claflin Allen, Judge. (1)- The defendant’s answer admits that defendant executed the contract sued on and it was fatal error to give the instruction in the nature of a demurrer to the evidence, (a) The rule has been long established, in Missouri, that if a real estate agent procures a purchaser, ready, willing and financially able to make the purchase absolutely, on the terms fixed by the principal, or to respond in damages, and the principal accepts such purchaser,' and enters into a contract with him respecting the sale of the…
1Opinion of the CourtNortoni, J.
This is a snit by a real estate broker for his commissions. Besides denying the right of recovery, defendant, by her answer, interposed a counterclaim. At the conclusion of the evidence, the court peremptorily directed a verdict for defendant on plaintiff’s cause of action and submitted the issue arising on defendant’s counterclaim to the jury. The finding and judgment were accordingly against the plaintiff; on his cause of action and in favor of the defendant on her counterclaim in the amount of $422.35. From this judgment plaintiff prosecutes the appeal.
We will first review the matter…
Also in this document: Concurrence.
2Cases cited10 opinions
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Williamson v. BrownSupreme Court of Missouri · 1906
- Gibson v. BogySupreme Court of Missouri · 1859
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3Cited by7 opinions
- Nichols v. PendleyMissouri Court of Appeals · 1960
- Burdett v. ParishMissouri Court of Appeals · 1915
- Mercantile Trust Co. v. JohnsonMissouri Court of Appeals · 1913
- Perry v. EdelenMissouri Court of Appeals · 1914
- Fritschle v. New Amsterdam Casualty Co.Missouri Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.