Brothers v. McDaniel
Brothers v. McDaniel
Opinion of the Court
Plaintiffs are real estate agents and this action was brought by them to recover a commission for the sale of defendant’s farm in Pettis county, effected, as plaintiff’s claim, through an employment by defendant and a sale afterwards through their instrumentality. Plaintiffs recovered judgment in the trial court.
It appears that defendant owned a farm of one hundred and forty-five acres which, in the winter of 1902 and 1903, he jfiaced in plaintiffs’ hands for sale at five thousand dollars, he, the defendant, residing in Nebraska. It seems that there were negotiations between plaintiffs and Dr. Bishop for the sale of the farm, but the latter refused to pay the price. A few months after-wards, in the summer of 1903, defendant came to Sedalia from Nebraska and told plaintiffs he would not sell at that price, but on plaintiffs suggesting that they had been negotiating with Gibson he concluded that they could sell to him, but they were not to price it to any other person at that sum. Plaintiffs wrote to Bishop that defendant was in Sedalia and would probably be out and they could look over the place together. They urged him to buy and gave reasons why he should. Defendant did go out and he and the Doctor entered into
We have gone over the entire record and fail to find any good reason for disturbing the judgment. There was evidence in defendant’s behalf that he had withdrawn the farm from plaintiffs and that the sale was made without their aid. But there was such abundant evidence in plaintiffs’ behalf in- support of the verdict that there is no ground upon which we could interfere. The instructions for plaintiffs were plain and unexceptionable. There was one given for defendant which embodied his theory of withdrawal of the farm. There were others offered and refused by the court which contained same correct abstract propositions of law, but none of them were applicable to the case made, except those that contained what was embodied in the one given.
Authorities will be found in the briefs of the respective counsel wherein the law concerning sales of real estate by agents is set forth. But as the instructions, which were given put before the jury every phase of the case which the record justifies, it is needless to enter
The judgment being manifestly for the right party, is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.