Rice-Dwyer Real Estate Co. v. Ruhlman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Plaintiff having alleged a sale, and asked commission, that being a material averment, he must either prove it or fail in the suit. There can be no recovery where there is a failure of proof of a material averment. Bramley v. Golden, 27 Mo. App. 160; Groll v. Tower, 85 Mo. 249. See, also, Clements v. Teates, 69 Mo. 623; Nutter v. Houston, 32 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Plaintiff having alleged a sale, and asked commission, that being a material averment, he must either prove it or fail in the suit. There can be no recovery where there is a failure of proof of a material averment. Bramley v. Golden, 27 Mo. App. 160; Groll v. Tower, 85 Mo. 249. See, also, Clements v. Teates, 69 Mo. 623; Nutter v. Houston, 32 Mo. App. 451. Plaintiff can not recover on the statement made and filed as his cause of action. Clements v. Teates, 69 Mo. 623; Groll v. Tower, 85 Id. 249. See, also, Ensworth v.…
1Opinion of the CourtBond, J.
This action is upon an account for services rendered in the sale of parts of certain lots of ground situated in this city for the price of $2,650, at a commission of two and one half per cent or $66.25. There was a judgment in favor of plaintiffs before the justice, and also upon defendant’s appeal in the circuit court, from which the case is brought here by defendant. The brief filed by appellant wholly fails to comply with rule 35 of this court, in that it does not contain any statement of the facts shown by the record, and we would be warranted in dismissing the appeal for that reason. An…
2Cited by4 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Brown v. SmithMissouri Court of Appeals · 1905
- Goodson v. EmbletonMissouri Court of Appeals · 1904
- Young v. RuhwedelMissouri Court of Appeals · 1906