113 Mo. App. 59 | Mo. Ct. App. | 1905
(after stating the facts). — Appellant argues that there was no evidence showing respondent Brown accepted the proposition to sell the lands for ten per cent commission contained in appellant’s letter supra. There was some evidence tending to show that respondent wrote to appellant telling him that he would go to work on the proposition. But be that as it may, all of the evidence shows that he did accept the proposition contained in the letter and that he immediately commenced to work thereon. The letter is dated March 9. On the 15th day of the same month, in company with one of the appellants, he conveyed the two Ponder ^brothers to the lands and actually consummated a sale of 200 acres of the tract to one of them and negotiated a bargain for the other 200 acres as mentioned in the op: tion and appellants ratified the act by participating therein, making a deed to the tract bought by Wm. L. Ponder and paying / respondent $>700 commissions thereon. The fact that respondent proceeded at once with the full knowledge and consent of appellants to perform the terms of the proposition was sufficient evidence that he understood and accepted its terms. Here was a clear meeting of the minds of competent parties upon the subject-matter for a sufficient consideration, and what more is required to constitute a contract of employment as shown in this case? Nothing more can be adduced to' make a valid contract. Executory contracts of this kind, containing a proposition signed by only one of the parties, when acted upon by the other party, are always held binding. [Stone v. Ostranger, 31 Mo. App. 544; Amer. Pub. Co. v. Walker, 87 Mo. App. 503; Lewis v. Ins. Co., 61 Mo. 534.]
The recovery in this case was ten per cent of the total for the' sale of 120 acres of land. It could have been for ten per cent on the sale of 200 acres. The evidence in the record would have warranted it. To construe the option as appellants would have us construe it, could not relieve them from paying the commissions. Respondent was employed to sell 440 acres of the land of which he had sold 200 acres and appellants had sold forty acres, thus leaving 200 acres, and he was entitled to his commissions upon producing a buyer ready, able and willing to take 200 acres or any part thereof that appellants could convey. While the employment to sell the 200 acres might not have entitled respondent to com
The only errors in the instructions on the part of respondent were against respondent’s interests and therefore appellants were not aggrieved thereby. The first instruction on the pact of the plaintiff submitted the question to the jury as to whether or not appellants agreed by the option, .unconditionally to convey the 200 acres, whereas the court should have constrúed the option as we have done, and told the jury that appellants had obligated themselves to perfect the title and convey
It is unnecessary to notice the other question raised in appellant’s brief. The only errors committed in this case were against respondent. Appellants therefore cannot be heard to complain. The judgment is for the right
party and should be affirmed. It is so ordered.