Bell v. Kaiser

• Decision Date: 31 March 1872
• Citation: Bell v. Kaiser, 50 Mo. 150 (Mo. 1872)
• Parties: HAMILTON BELL, Respondent, v. JOHN P. KAISER, Appellant.
• Court: Missouri Supreme Court

50 Mo. 150

HAMILTON BELL, Respondent,

v.JOHN P. KAISER, Appellant.

Supreme Court of Missouri.

March Term, 1872.

Appeal from St. Louis Circuit Court.

Mauro & Laughlin, for respondent.

S. N. Holliday, for appellant.

WAGNER, Judge, delivered the opinion of the court.

This action was brought by plaintiff to recover commissions for selling defendant's real estate. The petition stated that, through the instrumentality of plaintiff and his exertions in that behalf, defendant's house and lot were sold for a certain amount, and commissions at the usual and ordinary rate were demanded. The answer did not deny that the house and lot were sold for the sum specified in the petition, but denied that defendant employed plaintiff to sell the same, and denied that plaintiff did make the sale. There was a trial before a jury, and verdict and judgment for plaintiff.

The court, for the plaintiff, instructed the jury that if they believed from the evidence that the defendant employed plaintiff to sell the house and lot in question for him, and that plaintiff was a real estate agent, and that by his advertisements and exertions he procured a purchaser for the house and lot, to whom the same was sold, then plaintiff was entitled to recover from defendant the usual and ordinary commissions for effecting the sale.

Defendant asked for an instruction to the effect that if the jury believed from the evidence that the...