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264 Mo. 281

Frye v. Warren

Supreme Court of Missouri

Decided March 2, 1915

Supreme Court of Missouri · decided 1915-03-02

<p>APPELLATE JURISDICTION: Agent’s Commissions for Selling Land. The Supreme Court has no jurisdiction of an appeal from a judgment sustaining a demurrer to plaintiff’s petition and dismissing his suit, brought against both vendors and vendee, wherein he alleges that, as a real estate agent in pursuance to a contract with the vendors to sell their land, he was to receive as his compensation all the purchase price above $5000, and that he did sell it for $7000, by a binding contract, which both vendors and vendee have repudiated and refuse to enforce, and asking for a judgment for $2000, and that it be made a lien on the land. Said suit does not involve title to real estate.</p>

Cited by 2 later decisions — most recently May 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Transferred to Springfield Court of Appeals · Decided 1915-03-02

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¶1*288OPINION.

BOND, J.

¶2 Jurisdiction.

¶3(After stating the facts as above.') — It is apparent from the face of the petition that we have no appellate jurisdiction of this cause. The amount involved is only two thousand dollars. The parties to the alleged agreement to sell the land described in the petition have avowed their unwillingness -to take any action looking to its enforcement and insist that they have entered into no binding obligation to sell and purchase. All these facts appear in the allegations of the petition. It is a novel idea that plaintiff, a stranger in title and interest to the land, has a right to come into a court of equity to compel the owners to sell to a party who has declined .to buy and to whom the owners have refused to sell each upon the statement that no binding contract exists between them for the transfer of the title.

¶4The case must be transferred to the Springfield Court of Appeals, as not involving any amount or any question.giving this court appellate jurisdiction. For this reason we refrain from passing on the action of the trial court in sustaining the demurrers to plaintiff’s petition and relegate that question to the proper appellate forum. The cause is hereby transferred to the Springfield Court of Appeals.

All concur.
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