Steunkle & Manawal v. Chicago, Santa Fe & California Railway Co.
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. Gf. D • ' Buegess, Judge. Ratification by a principal of an unauthorized contract of. an agent cannot be inferred except after knowledge of all the material facts, including the terms of the contract, is brought home to the principal. 2 Waterman on Corp., p. 384 ; Windsor n. Bank, 18 Mo. App. 675 ; Hyde v. Larkin, 35 Mo.
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Appeal from the Linn Circuit Court. — Hon. Gf. D • ' Buegess, Judge. Ratification by a principal of an unauthorized contract of. an agent cannot be inferred except after knowledge of all the material facts, including the terms of the contract, is brought home to the principal. 2 Waterman on Corp., p. 384 ; Windsor n. Bank, 18 Mo. App. 675 ; Hyde v. Larkin, 35 Mo. App. 365 ; Middleton v. Railroad, 62 Mo. 579 ; Bank v. Gay, 63 Mo. 33 ; Railroad v. Kelley, 77 111. 426, 437; Mechem on Agency, sec. 128. (1) The question as to whether the contract of • Whitaker, appellant’s agent, had been ratified…
1Opinion of the CourtGill, J.
Plaintiffs are merchants at Bucklin, Missouri, on the line of defendant’s railroad, and sued the defendant railroad company for goods alleged to have been furnished the men engaged on a construction train. The claim is that plaintiff entered into an arrangement with one Whitaker, the foreman of the construction gang, whereby it was agreed, in effect, that plaintiffs should let the men have goods, each to the amount of *75§1.40 per day of the time they should work for the company, and that the defendant would pay for them. The extent .of Whitaker’s authority to bind the company is the principal…
2Cases cited3 opinions
- Hyde v. LarkinMissouri Court of Appeals · 1889
- Winsor v. Lafayette County BankMissouri Court of Appeals · 1885
- Hall v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
3Cited by2 opinions
- Smith v. Jefferson BankMissouri Court of Appeals · 1906
- Bartlett v. GarrettMissouri Court of Appeals · 1915