Lampert v. Laclede Gas-Light Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. A mere subordinate employe can not bind the corporation which employs him, in all respects and at all times, by knowledge which he may acquire. — Maupin v. Mining Co., reported in addendum to Cent.
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Appeal from the St. Louis Circuit Court, Adams, J. A mere subordinate employe can not bind the corporation which employs him, in all respects and at all times, by knowledge which he may acquire. — Maupin v. Mining Co., reported in addendum to Cent. L. J., of July 20, 1883; Wharton on Agency, sects. 178-673 ; Story oil Agency, sect. 140 ; Ang. & Ames on Corp., sect. 308. A plaintiff can not avail himself of the provisions of a contract unless he is individually a party to the contract. — Necker v. Harvey, Cent. L. J., Peb. 9th, 1883; Davis v. Clinton Water-works, 54 Iowa, 59 ; Atkinson v.…
1Opinion of the CourtThompson, J.
This cause was before this court at a former term. 12 Mo. App. 576. The plaintiff had recovered a judgment against the defendant, and we reversed the same, on the ground that the case had been put to the jury upon errone*378ous instructions. It has again been tried, and the plaintiff has again recovered a judgment.
We are now asked by the learned counsel for the appellant to consider the question of the sufficiency of the petition, a question which was not considered by this court on the former appeal. On the other hand, it is urged that what was considered and decided on the former appeal…
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