Easton-Taylor Trust Co. v. Goodman, 21619.

• Decision Date: 08 December 1931
• Docket Number: No. 21619.,21619.
• Citation: 43 S.W.2d 874
• Parties: EASTON-TAYLOR TRUST CO. v. GOODMAN et al.
• Court: Missouri Court of Appeals

43 S.W.2d 874

EASTON-TAYLOR TRUST CO. v. GOODMAN et al.

No. 21619.

St. Louis Court of Appeals. Missouri.

December 8, 1931.

Appeal from St. Louis Circuit Court; James F. Green, Judge.

"Not to be officially published."

Action by the Easton-Taylor Trust Company against Stella Goodman and another. Verdict for defendants. From an order sustaining motion for new trial, defendants appeal.

Order affirmed, and cause remanded.

Frank X. Hiemenz, of St. Louis, for appellants.

Frank C. O'Malley, of St. Louis, for respondent.

HAID, P. J.

This is an action by plaintiff to recover a commission for procuring a purchaser for defendants' property known as 4415-17-19 Page boulevard in the city of St. Louis.

Plaintiff alleged that on or about April 18, 1927, the defendants entered into a written contract whereby they employed plaintiff as their agent to procure a purchaser for their property for the sum of $15,000, the purchase price to be paid $4,000 in cash and plaintiff was to receive a commission of 5 per cent. on the sale price or such other price as might be accepted by the defendants. That thereafter by mutual consent it was agreed between the parties that the terms of such contract should be modified so that the plaintiff, instead of receiving 5 per cent. commission on the sale price, should receive the sum of $500. That on April 20, 1927, plaintiff did procure a purchaser who was ready, willing, and able to purchase the property for the sum of $15,000, of which $4,000 was to be in cash and the balance a deed of trust due in three years with interest on deferred payments at 6 per cent., payable semiannually; that the intended purchaser deposited the sum of $150 as earnest money, but that the defendants refused to sell and convey the property, and thereupon proposed a further modification of said contract to the effect that the said property should be sold for $15,000, of which $4,000 should be in cash, that $8,000 should be represented by deed of trust payable three years after date with 6 per cent. interest on deferred payments, and a second deed of trust for $3,000 payable in monthly installments of $85 and interest at 6 per cent. on the deferred payments for thirty-four months, and with a note due thirty-five months after date for $110 and interest at 6 per cent.; that thereafter on May 3, 1927, the plaintiff did procure purchasers who were ready, able, and willing to purchase said real estate upon said terms and who did propose in writing to...