Perry v. Edelen
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — How. Nat M. Shelton Judge. (1) Under the law respondent whs not entitled to recover. His evidence and the averments of his petition show that he never sold the property which he claimed that he was authorized to sell. The fact that the same property was afterward sold by appellants along with other property does not entitle respondent to compensation. Tooker v. Duckworth, 107 Mo. App. 231; Cambie v. Crether, 108 Mo.
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Appeal from Shelby Circuit Court. — How. Nat M. Shelton Judge. (1) Under the law respondent whs not entitled to recover. His evidence and the averments of his petition show that he never sold the property which he claimed that he was authorized to sell. The fact that the same property was afterward sold by appellants along with other property does not entitle respondent to compensation. Tooker v. Duckworth, 107 Mo. App. 231; Cambie v. Crether, 108 Mo. App. 340; Duncan v. Hills, 155 Mo. App. 702; Dillard v. Field, 153 S. W. •532; Hnrxthal v. Dalhey, 153 S. W. 1066. (2) Respondent was not in…
1Opinion of the CourtAllen, J.
This is an action by a real estate broker to recover a commission for the exchange of *501certain property belonging to defendants. Plaintiff recovered and tbe defendants prosecute the appeal.
The evidence shows that plaintiff, Judge Perry, residing in Shelbyville, Missouri, was engaged in business as a real estate broker at the date of the matter here in controversy, and that the defendants, as co-partners, then owned and conducted a general merchandise store in Shelbyville, defendant James Edelen appearing to be'the principal, party in interest. Plaintiff’s evidence goes to show that about May,…
2Cases cited5 opinions
- Tooker v. DuckworthMissouri Court of Appeals · 1904
- Coffman v. Dyas Realty Co.Missouri Court of Appeals · 1913
- Duncan v. TurnerMissouri Court of Appeals · 1913
- Duncan v. HillsMissouri Court of Appeals · 1911
- Hurxthal v. DalbyMissouri Court of Appeals · 1913
3Cited by3 opinions
- Jennings v. OverholtMissouri Court of Appeals · 1915
- Owens v. Mountain States Telephone & Telegraph Co.Wyoming Supreme Court · 1936
- Burdett v. ParishMissouri Court of Appeals · 1915