Mason v. Small

• Decision Date: 31 March 1908
• Citation: 130 Mo. App. 249,109 S.W. 822
• Parties: MASON et al. v. SMALL et al.
• Court: Missouri Court of Appeals

109 S.W. 822

130 Mo. App. 249

MASON et al. v. SMALL et al.

St. Louis Court of Appeals. Missouri.

March 31, 1908.

1. FRAUDS, STATUTE OF — SUFFICIENCY OF WRITING.

The writing required by the statute of frauds must contain the essential terms of the contract expressed with such certainty that it may be understood without recourse to parol evidence, and, where land is the subject-matter, it must be so described that it may be identified.

2. BROKERS—COMMISSIONS—WHEN EARNED.

A broker employed to procure one willing to convey real estate in exchange for a stock of merchandise procured an owner of land who entered into a contract with the owner of the merchandise for a trade. The contract did not describe the land, nor even mention the county or state where it was situated. The owner of the land refused to complete the trade. Held that, since the contract was unenforceable under the statute of frauds, the broker was not entitled to commissions.

Goode, J., dissenting.

Appeal from Circuit Court, Greene County; Jas. T. Neville, Judge.

Action by J. H. Mason and another against Thomas Small and another. From a judgment for plaintiffs, defendants appeal. Reversed.

G. A. Watson and J. C. West, for appellants. Val. & J. H. Mason, for respondents.

BLAND, P. J.

Plaintiffs, Mason & Thomas, are partners doing business as real estate brokers or agents in the city of Springfield, Mo. The petition states that on June 1, 1906, plaintiffs were employed by defendants to find them a buyer for cash or trade for a stock of general merchandise, which it is alleged defendants owned and which was contained in a storehouse, in the town of Sparta, in Christian county, Mo.; that on June 3, 1906, plaintiffs found Jake and George Hine and L. P. Edwards, and by and with the consent of defendants negotiated a trade with them for said goods, for which services defendants agreed to pay plaintiffs the sum of $50. The suit was brought before a justice of the peace to recover the agreed price of $50. In due course the cause was appealed to the circuit court of Greene county, where on a trial anew to the court sitting as a jury plaintiffs recovered judgment, from which defendants appealed.

Plaintiffs' evidence tends to show that defendants Baker & Small owned a stock of goods at the town of Sparta, and that some time in the month of May, 1906, they appeared at plaintiffs' office in Springfield, and stated that they wanted to trade their goods for land, and agreed, if plaintiffs would get them a party who would trade with them, they would pay plaintiffs $50. In a short time thereafter George Hine was introduced to defendant Small by plaintiffs as a person who wanted to trade land for defendants' goods. Small, in company with Hine, examined the farm Hine proposed to trade for the goods, and Hine and plaintiff Thomas went to Sparta and examined the goods, and the following agreement was there executed by Baker and Hine: "This agreement made this fifth day of June, 1906, between J. W. Baker, of the first part, and George T. Hine, of the second part, witnesseth: That the said party of the first part agrees to sell to the party of the second part one stock of goods and fixtures located in what is known as the Barnes building in Sparta, Mo. Said goods to be invoiced at the original wholesale cost price, less $100 off of the total invoice, and the balance of said invoice to be discounted twenty per cent. That the said party of the second part agrees to sell to the said party of the first part 200 acres of land,...