Hubbard v. Kansas City Stained Glass Works & Sign Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — No». J. N. Slover, Judge. (1) There was no authority in Summers to make this title bond. His duty was “to grant, bargain, sell and convey” and he could make no instrument that did not include all of these powers. It gave him no authority to bind Hubbard to convey. This was not a contract to convey, under the power of attorney, but an option which he could not give.
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Appeal from Jackson Circnit Court. — No». J. N. Slover, Judge. (1) There was no authority in Summers to make this title bond. His duty was “to grant, bargain, sell and convey” and he could make no instrument that did not include all of these powers. It gave him no authority to bind Hubbard to convey. This was not a contract to convey, under the power of attorney, but an option which he could not give. Class v. Rowe, 103 Mo. 538. Even if it gave the power to make a contract, and this could he construed as such, it was not a reasonable contract. He could not cut Hubbard’s property up into…
1Opinion of the CourtFox, J.
This is an action of ejectment brought by Joseph R. Hubbard and Ellen L. Jeffries, formerly Ellen L. Hubbard, and her husband, H. B. Jeffries, against Kansas City Stained Glass Works & Sign Company, tenant, and Ira F. Brainard, owner and landlord, defendants.
Joseph R Hubbard and Ellen L. Jeffries are sole children of Chester Hubbard and wife, Mary R. Hubbard. Chester Hubbard died July 3,1861, in Lee county, Iowa, plaintiff claims, leaving a will by which he left all of his property to his widow, Mary R, during her lifetime, and after her death to his children. Mary R. Hubbard died February,…
2Cases cited8 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Brant v. RobertsonSupreme Court of Missouri · 1852
- Morgan v. BouseSupreme Court of Missouri · 1873
- Papin v. MasseySupreme Court of Missouri · 1858
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3Cited by3 opinions
- Williams v. Board of County CommissionersSupreme Court of Kansas · 1911
- Dearborn Electric Light & Power Co. v. JonesCourt of Appeals for the Eighth Circuit · 1924
- Scott and Morrison v. EndicottMissouri Court of Appeals · 1931