Hodkinson v. McNeal Machinery Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) The agent has no right to delegate his authority unless he is given such authority by expressed terms of substitution. Story on Agency, secs. 14, 29, 108; Land & Lbr.
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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) The agent has no right to delegate his authority unless he is given such authority by expressed terms of substitution. Story on Agency, secs. 14, 29, 108; Land & Lbr. Co. v. Christman, 204 Mo. 378. (2) It is a well-settled principle in the law of agency where discretion is required on the part of the agent and no power of substitution is given that the agent must act in person, and the principal is not bound by the sub-agent. Brown v. Association, 45 Mo. 221; McClure v. Ins. Co., 4 Mo. App. 148. (3) The only exception to…
1Opinion of the CourtCox, J.
Action in replevin for possession of certain mining machinery. Trial by court, judgment for defendant and plaintiff has appealed.
Plaintiff was the owner of certain mining machinery, located at an abandoned mine some eight miles from Joplin. Plaintiff lived in a distant State and desiring to dispose of this property sent a power of attorney to O. D. Royse, authorizing him to dispose of it. Royse by writing appointed Campbell and Durnell as his agents to sell the property for him. Campbell and Durnell authorized one John Moore to sell the property for them. Moore pretending to act as agent for…
2Cases cited18 opinions
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Atlee v. FinkSupreme Court of Missouri · 1881
- Johnson v. HurleySupreme Court of Missouri · 1893
- Harris v. San Diego Flume Co.California Supreme Court · 1891
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3Cited by5 opinions
- Thacker v. Massman Const. Co.Supreme Court of Missouri · 1952
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Meux v. HallerMissouri Court of Appeals · 1913
- Large v. Frick Co.Missouri Court of Appeals · 1923
- Curtiss Candy Co. v. National Finance Corp.Missouri Court of Appeals · 1934