McCormick v. Obanion
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — So». Carr McNatt, Judge. (1) Where by the contract a person agrees to sell property for a certain sum of money, nothing short of cash payment at the completion of the contract is compliance with the terms. Freight Co. v. Standard, 44 Mo. 71. (2) If payment is to be made in other than money, it mnst be by agreement and pleaded, before evidence of the same be introduced. Moore v. Renick, 95 Mo.
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Appeal from Lawrence Circuit Court. — So». Carr McNatt, Judge. (1) Where by the contract a person agrees to sell property for a certain sum of money, nothing short of cash payment at the completion of the contract is compliance with the terms. Freight Co. v. Standard, 44 Mo. 71. (2) If payment is to be made in other than money, it mnst be by agreement and pleaded, before evidence of the same be introduced. Moore v. Renick, 95 Mo. App. 202. (3) If time of payment is waived or extended, such agreement of extension or waiver mnst be pleaded, before any evidence of same can be introduced. Lanitz…
1Opinion of the CourtSturgis, J.
This is an action by tbe plaintiff as a real estate broker for bis commission for selling tbe defendant’s farm. Tbe plaintiff recovered in tbe trial court and tbe case is here on appeal.
Tbe petition, after stating that plaintiff was engaged in tbe real estate business and that defendant was tbe owner of tbe farm in question, charges as follows:
“That on tbe---day of June, 1911, be entered into a contract with tbe defendant, not in writing, whereby it was agreed that if tbe plaintiff would procure a purchaser for tbe defendant’s farm, which was located about four miles south of tbe city of…
2Cases cited24 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Huse v. AmesSupreme Court of Missouri · 1890
- Hearne v. KeathSupreme Court of Missouri · 1876
- Sallee v. McMurryMissouri Court of Appeals · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nichols v. PendleyMissouri Court of Appeals · 1960
- Good v. RobinsonMissouri Court of Appeals · 1916
- Jennings v. OverholtMissouri Court of Appeals · 1915
- Snow v. PrinceTexas Commission of Appeals · 1929
- Taylor v. FuquaMissouri Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.