Engleman v. Baker

• Decision Date: 10 May 1923
• Docket Number: No. 3204.,3204.
• Citation: 250 S.W. 919
• Parties: ENGLEMAN et al. v. BAKER.
• Court: Missouri Court of Appeals

250 S.W. 919

ENGLEMAN et al. v. BAKER.

No. 3204.

Springfield Court of Appeals. Missouri.

May 10, 1923.

Appeal from Circuit Court, Polk County; C. H. Skinker, Judge.

Action by W. E. Engleman and another against A. J. Baker. Judgment for defendant, and plaintiffs appeal. Affirmed.

Herman Pufahl, of Bolivar, for appellants.

L. Cunningham, of Bolivar, for respondent.

BRADLEY, J.

W. T. Engleman and T. A. Wakefield, a real estate firm doing business under the name of Engleman & Wakefield, sued to recover a commission of $1,000 alleged to be due them from defendant. The cause was tried before the court without the aid of a jury. The court found for defendant, and plaintiffs appealed.

Plaintiffs claim that in October, 1920, defendant employed them to find a purchaser or purchasers for his automobile business and garage located in the town of Aldrich, in Polk county, and agreed with plaintiffs that, if they produced a purchaser or purchasers ready, able, and willing to buy said business and garage before 7 o'clock p. m. of October 15, 1920, at the price of $20,500, he, defendant, would pay plaintiffs a commission of $1,000. That is to say, plaintiffs claim that they had the exclusive right to make the sale until 7 o'clock p. m. on October 15th. Defendant denied that plaintiffs had the exclusive right to the sale as claimed by them. He contended that there was no such agreement, and that he reserved the right to sell said property himself.

According to the record, plaintiffs, prior to 7 o'clock p. m. of the date mentioned, produced three joint purchasers who were ready, able, and willing to purchase said property at the stated price. Defendant, however, was in negotiation with purchasers found by himself when plaintiffs arrived in Aldrich with their purchasers in the afternoon of October 15th. Defendant closed the deal with the purchasers found by himself prior to 7 o'clock p. m. at the price of $24,500. Plaintiffs had been trying to find a purchaser since about the 1st of October, but had not been successful, During the two weeks that elapsed defendant had also been trying to find a purchaser. Plaintiffs say that on October 14th they had the special agreement with defendant that he would give them the exclusive right to sell until 7 o'clock p. m. the next day.

Plaintiffs offered evidence tending to establish the contract as claimed by them. " Defendant offered evidence to the contrary, that he made no such agreement, but reserved the right to sell...