Winningham v. Fancher
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court, — Hon. John W. Henry, Judge. (1) Whenever the defendant has received money from another to be applied to a specific purpose, for example, as part payment on the purchase price of real estate for the sale of which he assumes to be agent, but to which purpose he does not apply it, because the supposed vendor repudiates the transaction and refuses to make conveyance, and the defendant keeps the money, he is liable to the party from whom…
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Appeal from, the Jackson Circuit Court, — Hon. John W. Henry, Judge. (1) Whenever the defendant has received money from another to be applied to a specific purpose, for example, as part payment on the purchase price of real estate for the sale of which he assumes to be agent, but to which purpose he does not apply it, because the supposed vendor repudiates the transaction and refuses to make conveyance, and the defendant keeps the money, he is liable to the party from whom he received it, in an action for money had and received. Railroad v. McIÁney, 32 Mo. App. 166; Ins. Co. v. Walsh, 18 Mo.…
1Opinion of the CourtG-ill, J.
This controversy may be briefly stated as follows: Defendant Eancher, assuming, at least, to be the authorized agent of Davis, entered into a contract in the name of his alleged principal with plaintiff Winningham for the sale of some real estate in Kansas City, and Winningham at the time paid to Eancher, for Davis, on account of the purchase the sum of $200. When subsequently informed of the deal, Davis repudiated the sale or alleged contract, on the ground that. Eancher had no authority to make it. After a somewhat protracted effort to get Davis to comply with the agreement and deed the…
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- Gilliam v. LoebMissouri Court of Appeals · 1908
- Jenkins v. CloptonMissouri Court of Appeals · 1909
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