Johnson v. McGruder
Supreme Court of Missouri
APPEAL from Moniteau Circuit Court. The plaintiff and appellant insists that there are three positions, under either of which he is entitled to a specific performance of his contract with the defendant, and a reversal of the judgment of the court below. Fiist, That Gamer wag duly authorised as his, McGruder's agent, to sell said land, and as such agent did sell the same tp complainant. First then as to the appointment of the agent.
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APPEAL from Moniteau Circuit Court. The plaintiff and appellant insists that there are three positions, under either of which he is entitled to a specific performance of his contract with the defendant, and a reversal of the judgment of the court below. Fiist, That Gamer wag duly authorised as his, McGruder's agent, to sell said land, and as such agent did sell the same tp complainant. First then as to the appointment of the agent. It is not necessary thpt the appointment of an agent to sell real estate should be in writing. A parol appointment is sufficient: See Clinan vs. Coke, 1 Schoales…
1Opinion of the CourtScott, J.
This is a bill in chancery, filed by the appellant, as trustee for the wife and children of W. J. Kelly, against the appellee for relief. It is substantially alleged, that about the 1st of February, 1846, (it should be 1838) the appellant purchased from one W. S. Gamer, as agent for the appellee, several parcels of land, containing in the aggregate 160 acres for the sum of $325. That at the time of the sale, the said Gamer, as agent, executed and delivered to the appellant a writing obligatory, reciting the contract aforesaid, and thereby bound himself as agent for the appellee to convey to…
2Cases cited1 opinion
- Mitchell v. Tucker'sSupreme Court of Missouri · 1846
3Cited by8 opinions
- Huffman v. CartwrightTexas Supreme Court · 1875
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Stewart v. WoodSupreme Court of Missouri · 1876
- Smith v. Browne.Supreme Court of North Carolina · 1903
- Alexander v. JonesSupreme Court of Iowa · 1884
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