Burley v. Hitt
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. O. Tichenor, Special Judge. • If Briscoe had the authority, to make the contract allowing Hitt to retain $100 of the company’s money, he had the right to modify it so as to allow him to retain more. “The same power which enabled him to make it was sufficient to enable him to release it.”
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Appeal from the Jackson Circuit Court. — Hon. C. O. Tichenor, Special Judge. • If Briscoe had the authority, to make the contract allowing Hitt to retain $100 of the company’s money, he had the right to modify it so as to allow him to retain more. “The same power which enabled him to make it was sufficient to enable him to release it.” Indianapolis Bolling Mill Co. v. Bailroad, 120 U. S. 256; Sparks v. Transfer Co., 104 Mo. 539; 17 American & English Encyclopedia of Law, pp. 130, 135. In consideration of the bond, the company conferred the office and its emoluments, and it neither directly…
1Opinion of the CourtEllison, J.
— The defendants, Evans and Orr, are sureties of defendant Hitt. Plaintiff is the assignee of the Chicago Safe and Lock Company. Judgment was rendered against the defendants and the sureties appealed.
The Chicago Safe and Lock Company employed defendant Hitt as the general manager of its “Kansas *274City office, to manage the Kansas City branch of their business for the sale of all goods and wares manufactured b^them.” His employment was by written contract wherein it was provided, among other things, that he should make reports to the company daily of all sales made; and that on the .last day of…
2Cases cited7 opinions
- Indianapolis Rolling Mill v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of the United States · 1887
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Bragg v. ShainCalifornia Supreme Court · 1874
- Taylor v. JeterSupreme Court of Missouri · 1856
- Chew v. EllingwoodSupreme Court of Missouri · 1885
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3Cited by3 opinions
- Thomas v. Kanawha Valley Traction Co.West Virginia Supreme Court · 1913
- Indiana & Ohio Live Stock Insurance v. BenderIndiana Court of Appeals · 1904
- New Jersey Ins. Co. v. AndersonCourt of Appeals of Texas · 1936