Baker v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hoist. H. S. Kelley, Judge. (1) The case should have been given to the jury if There was any evidence (a) of the contract alleged, (b) of its breach, and (c) that the agent had authority to make it., or that plaintiff had reason to believe and did believe that he had such authority. Brown r. Mnerson, 18 Mo. 103 ; Owenr.
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Appeal from Holt Circuit Court. — Hoist. H. S. Kelley, Judge. (1) The case should have been given to the jury if There was any evidence (a) of the contract alleged, (b) of its breach, and (c) that the agent had authority to make it., or that plaintiff had reason to believe and did believe that he had such authority. Brown r. Mnerson, 18 Mo. 103 ; Owenr. O’ Reilly, 20 Mo. 603 ; 3 Parsons on «Contracts [5 Ed.] 117, 118 : 1 Sedgwick on the Meas, of 3>ani. [7 Ed.] top p. 200, side p. 108. (2) There was evidence, both of the contract and its breach, as alleged in rhe petition. (3) There was, also,…
1Opinion of the CourtBrace, J.
This action was brought to recover damages for the failure of defendant to furnish a certain number of cars at certain stations on a specified day. The petition alleges, “that, at the times hereinafter mentioned, the defendant was, and it still is, a corporation, organized and existing under and by virtue of the laws of the state of Missouri, and engaged in the business of transporting goods and chattels, as a common carrier, for hire; that, on or about the twenty-seventh day of May, 1881, in consideration of the promise then and there made by plaintiff that he would drive to defendant’s…
2Cases cited3 opinions
- Adams Mining Co. v. SenterMichigan Supreme Court · 1872
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
3Cited by17 opinions
- National Surety Co. v. MiozranySupreme Court of Oklahoma · 1916
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Porter v. WoodsSupreme Court of Missouri · 1897
- Sanders v. ChartrandSupreme Court of Missouri · 1900
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