Legal Opinion
Whispering Oaks Farms, LLC v. Lebanon Livestock Auction S & T, LLC
Missouri Court of Appeals
Decided June 16, 2015No. SD33522PublishedCited by 4 opinions
1Opinion of the CourtDaniel E. Scott, J.
Appellant (“Auction”) sold 270 head of cattle, ostensibly to Jim Marshall, who would not pay after the cattle arrived at a Kansas feedlot. By mutual agreement, the feedlot resold the cattle and sent Auction the proceeds, being some $51,000 less than Auction’s sale price.
Auction sought to recover this shortfall from Whispering Oaks, to which Auction had paid a commission on the original sale. Auction alleged that Whispering Oaks, not Marshall, had bought the cattle at auction “under the legal theory of liability of an undisclosed agent.” The trial court disagreed, finding that Whispering Oaks,…
2Cases cited11 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. SmithSupreme Court of Missouri · 2014
- Houston v. CriderMissouri Court of Appeals · 2010
- In the Interest of: J.A.R., D.K.R., and A.E.R., Children Under Seventeen Years of Age, Greene County Juvenile Office v. D.G.R.Supreme Court of Missouri · 2014
- CARL E. SMITH and MARGARITA SMITH v. GREAT AMERICAN ASSURANCE COMPANY, GREGORY HERKERT, and THE STOLAR PARTERSHIP, LLPMissouri Court of Appeals · 2014
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3Cited by4 opinions
- McGuire v. LindsayMissouri Court of Appeals · 2016
- Geier v. Sierra Bay Development, LLCMissouri Court of Appeals · 2017
- T.R.P. v. B.B.Missouri Court of Appeals · 2018
- Daniel R. McGuire v. James J. Lindsay, Susan J. Gray, MAC Meetings & Events, LLC, and 1509 North Broadway, LLCMissouri Court of Appeals · 2016