Black v. Rogers
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Wm. T. W"ood, Judge. This was an action of' ejectment between adjoining proprietors brought to determine the right to a strip of land on their common boundary line.
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Appeal from Saline Circuit Court. — Hon. Wm. T. W"ood, Judge. This was an action of' ejectment between adjoining proprietors brought to determine the right to a strip of land on their common boundary line. A prior action between the same parties for the same land had been terminated by a compromise and the entry of the following oi’der: “Now, at this day, come the parties by their respective attorneys, and the jury herein re-assembles and the trial of the cause is proceeded with. And now at this day this cause is compromised and settled as per stipulation in writing now filed, each party to…
1Opinion of the Court
I
Sherwood, C. J.
The facts in the case show that the attorney for the plaintiff had either the actual or else the apparent authority to make the compromise. The plaintiff was distant but a few feet and in plain view while the compromise was being effected. During the progress of the negotiations, his attorney, not feeling altogether satisfied with a proposal on a certain point, went back to his client, held *448a conference with him and returning, said, that with a-named modification, his client would agree to the compromise. The desired concession was made by the defendants, and thereupon the…
2Cases cited3 opinions
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Biddle v. RamseySupreme Court of Missouri · 1873
- Hug v. Van BurkleoSupreme Court of Missouri · 1874
3Cited by20 opinions
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
- Wenneker v. FragerMissouri Court of Appeals · 1969
- Rosenblum v. Jacks or Better of America West Inc.Missouri Court of Appeals · 1988
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
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