Friedman & Sons v. Kelly
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. Where the principal puts an agent forward as a general agent, though in a particular line, or places him in a position where others are justified in the belief that his powers are general, the restrictions that may be imposed upon him privately will be immaterial except as between him and the principal. Samuel v. Bar-tee, 53 Mo. App. 587; Woolen Mills v. W. B. Myers & Co., 43 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. Where the principal puts an agent forward as a general agent, though in a particular line, or places him in a position where others are justified in the belief that his powers are general, the restrictions that may be imposed upon him privately will be immaterial except as between him and the principal. Samuel v. Bar-tee, 53 Mo. App. 587; Woolen Mills v. W. B. Myers & Co., 43 Mo. App. 130; Johnson v. Hurley, 115 Mo. 513; Sharp v. Knox, 48 Mo. App. 169; Kinealy v. Burd, 9 Mo. App. 359; Porter v. Woods, 138 Mo. 551; Baker v.…
1Opinion of the CourtNortoni, J.
This case involves the apparent authority of an agent, a traveling salesman. The only question worthy of note is whether or not a traveling salesman may obligate his principal, as within the scope of his apparent authority, by a positive agreement or contract in connection with a sale of goods, which agreement or contract is entirely beyond his express authority, and is not an ordinary or usual contract, comporting with any custom or usage of the trade; or, in other words, is an extraordinary and unusual agreement, when measured by custom or usage of the trade in which he is engaged, and so…
2Cases cited4 opinions
- Butler v. DormanSupreme Court of Missouri · 1878
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
- Jordan v. DavisSupreme Court of Missouri · 1903
- Palmer v. HatchSupreme Court of Missouri · 1870
3Cited by11 opinions
- Stevens v. FrostSupreme Judicial Court of Maine · 1943
- Wyler Watch Agency, Inc. v. HookerMissouri Court of Appeals · 1955
- Eberlein v. Stockyards Mortgage & Trust Co.Supreme Court of Minnesota · 1925
- Stephens v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1912
- Stephens v. . Lumber Co.Supreme Court of North Carolina · 1912
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