H. T. Keown & Co. v. Vogel
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. Statement of case by the court. This was an action, begun before a justice of the-peace, on an account, for the purchase price of a mowing machine. The defendants had judgment before the justice and the plaintiff appealed to the circuit court. In the latter court the case was tried by the court sitting as a jury.
Read the full summary
Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. Statement of case by the court. This was an action, begun before a justice of the-peace, on an account, for the purchase price of a mowing machine. The defendants had judgment before the justice and the plaintiff appealed to the circuit court. In the latter court the case was tried by the court sitting as a jury. Henry T. Keown was doing business-alone in the town of Salem, under the firm name of H. T. Keown & Company. One Handy was employed by Keown to solicit for. him as his agent the sale of machines. Keown testified that…
1Opinion of the Court
I
Hall, J.
The defendants made the point here for the first time that the plaintiff is not the real party in interest, he having been the agent merely in the sale of the machines. The defendants tried the case on the theory that the plaintiff was the real party in interest and ought to be bound by that theory in this court. But the point is without merit. The plaintiff did not make the sale as the agent of J. E. Hayner & Company.' The sale was made by Handy as agent of plaintiff. The plaintiff in the sale acted and was known as the principal and not as the agent of any one. The plaintiff was,…
2Cases cited4 opinions
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Butler v. DormanSupreme Court of Missouri · 1878
- Sumner v. SaundersSupreme Court of Missouri · 1872
- Chambers v. ShortSupreme Court of Missouri · 1883
3Cited by3 opinions
- DuBois v. PerkinsOregon Supreme Court · 1891
- Harrigan v. WelchMissouri Court of Appeals · 1892
- Montgomery v. GannMissouri Court of Appeals · 1892