Legal Opinion

Kinder v. Pope

Missouri Court of Appeals

Decided May 16, 1904PublishedCited by 4 opinions

Appeal from Barton Circuit Court. — ¿lo». ¿¿. C. Timmonds, Judge. (1) All the letters introduced by plaintiff, and relied upon by Mm, to establish a contract between him and defendant to sell defendant’s land, were not signed, authorized or dictated by defendant, but were all signed “George Pope, by R. H.. Meade.”

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Appeal from Barton Circuit Court. — ¿lo». ¿¿. C. Timmonds, Judge. (1) All the letters introduced by plaintiff, and relied upon by Mm, to establish a contract between him and defendant to sell defendant’s land, were not signed, authorized or dictated by defendant, but were all signed “George Pope, by R. H.. Meade.” There is nothing in the evidence to show who R. H. Meade is; no agency is shown to exist between defendant and R. H. Meade, and the acts and admissions of Meade are in no way binding on defendant. Iron Co. v. Halverson, 48 Mo. App. 383; Crothers v. Acock, 43 Mo. App. 318; Peck v.…

1Opinion of the CourtEllison, J.

Plaintiff instituted this action to recover a commission for the sale of real estate. He prevailed in the trial court. It appears that defendant is a non-resident of this State and that he owned a tract of land in Barton county which he was willing to sell for $10,000 cash. Plaintiff had the land rented at one time, and so had a man named Smith. The evidence tends to show that plaintiff had authorized each of these to sell the property and that each had made some effort with different prospective purchasers. But Smith’s relation to the land and the parties to the controversy is merely a part…

2Cases cited4 opinions

  1. Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
  2. Guest v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1898
  3. Taylor v. Steamboat Robert CampbellSupreme Court of Missouri · 1855
  4. J. H. Sanders Publishing Co. v. EmersonMissouri Court of Appeals · 1896

3Cited by4 opinions

  1. Hoover v. WhisnerMissouri Court of Appeals · 1963
  2. Hartford Fire Ins. v. Ollinger & Bruce Dry Dock Co.Alabama Court of Appeals · 1917
  3. Knotts v. Lake Shore & Michigan Southern Railway Co.Appellate Court of Illinois · 1912
  4. Tull v. StarmerMissouri Court of Appeals · 1915

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