107 Mo. App. 231 | Mo. Ct. App. | 1904
This suit was brought in a justice’s court on the following account:
“Aurora, Missouri, Aug. 25, 1903.
“Mr. J. C. Duckworth in account with
“L. A. Tooker, Dr.
“To services performed in selling a stock of goods and a building as per agreement, in 1900 ............................'.. .$100.00
“Interest since 1900 at six per ceiit, being three years........................... 18.00
Total...........................$118.00”
Plaintiff’s evidence shows that defendant owned a. lot, in the city of Aurora, Missouri, with a building on it containing a stock of hardware which he wanted to-sell. In the year 1899 or 1900, the defendant agreed to pay plaintiff the sum of $100 if he would find him a buyer for $2,200. Plaintiff testified he found a purchaser-in L. N. Coleman who bought the property at the price-defendant authorized plaintiff to sell it for. The evidence of defendant and Coleman is that Coleman would not buy the property as it stood, but agreed that he would trade if plaintiff would buy and put into the trade an .adjoining lot known as the Butts lot. In order to-effectuate the trade, plaintiff bought the Butts lot and then sold the whole as one property to Coleman. The evidence shows that plaintiff resided in the city of' Aurora, a city of the fourth class, and that he had had some previous transactions as a real estate agent. Prior-to the making of the contract between plaintiff and defendant, the city had and still has in force the following-ordinance':
‘ ‘ Section 277. Licenses, How Regulated. — AH the-various objects, subjects, trades, avocations and occupations herein mentioned within the city of Aurora,, shall be licensed, taxed and regulated as hereinafter provided.
“Sec. 277. Licenses, Who Shall Have.— It shall’ be unlawful for any person, company, association, firm or corporation to exercise, carry on or engage in any of the following occupations, trades, professions, busi- ' ness or agencies in the city of Aurora without obtaining a license therefor from said city and the charges, for such licenses shall be respectively as follows, to-wit: (then follows the enumeration of the occupations-, and among the occupations the following:)
“Seo. 285. Penalty for Carrying on Business Without a License. — Any person who shall carry on or engage or offer or attempt to carry on or engage in any trade, business or profession, agency, occupation, vocation or calling herein required to be licensed without first having paid for or obtained such license so required as herein provided or any person having obtained such license who shall exercise or carry on any trade, business, profession, agency, occupation, vocation or calling in any manner different to that herein provided or shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one nor more than one hundred dollars.”
The plaintiff has never complied with this ordinance by procuring a license from the city authorizing him to carry on the business of a real estate agent.
1. The plaintiff asked and the court refused the following declaration of law:
‘1 The court declares the law to be that it would not be warranted in finding the issues in this case for1 the defendant because it might believe from the evidence that at the time of the transactions in evidence the plaintiff was not a licensed real estate agent or broker and that at such time the city of Aurora had an ordinance imposing a penalty on anyone acting as such real estate broker or agent in such city without first procuring a' license;” ■ ■
No other, declarations of law were askéd or.given.
The purpose of the ordinance read in evidence is to raise revenue for the city, not to make that which was theretofore valid invalid if the ordinance is not complied with, or to impinge upon the right of real estate agents to make contracts. Whether or not the plaintiff is a licensed real estate agent is no concern of the defendant. As was said in the Prince case, it was essentially, and we might add exclusively, a matter between the city and the plaintiff. There are authorities in other States to the contrary but they have not been
2. But it is contended that plaintiff did not make the sale or find the purchaser and therefore did not earn his commission. Coleman, to whom the sale was made, testified that he told plaintiff he would not consider the proposition as made to him by the plaintiff and would not accept the terms of sale offered by plaintiff. Plaintiff testified that Coleman told him the price was too high and the matter seems to have been abandoned.
Finally Coleman and defendant, without the intercession of the plaintiff, got together and Coleman .informed defendant that he would trade with him if he could get the Butts lot. Defendant then bought the Butts lot and afterwards sold it and his lot to Coleman as one property, including his stock of hardware. Plaintiff had nothing whatever to do with this transaction and the property as sold was never in his hands for sale. Defendant had no communication whatever with him
Judgment affirmed.