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GALLAHER-SMITH, ETC. v. CIRCLE Z FARM, INC.

No. KCD 27830.

545 S.W.2d 395 (1976)

GALLAHER-SMITH-FEUTZ REALTY, INC., Appellant, v. CIRCLE Z FARM, INC., et al., Respondents.

Missouri Court of Appeals, Kansas City District.

December 27, 1976.

Attorney(s) appearing for the Case

Edward D. Hodge, Jerome W. Seigfreid, Mexico, for appellant; Edwards, Seigfreid, Runge & Hodge, Inc., Mexico, of counsel.

Robert Hines, Richard C. Thomas, Columbia, for respondents; Bear, Hines & Thomas, Columbia, of counsel.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.

PRITCHARD, Chief Judge.

This is an action to recover a 5% commission for the sale of 913 acres of land, based upon an alleged exclusive sales contract as per Count II of appellant's petition, as submitted to the jury in Instruction No. 4 against respondent, Robert W. Schulze. One issue is whether Instruction No. 5 properly hypothesized Schulze's defense that Feutz, acting for appellant, knew that there was a better offer...

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