Teasdale v. McPike
Missouri Court of Appeals
Error to tlie Pike County Circuit Court, Elijah Robinson, Judge. A principal who is informed of an unauthorized act of his agent, must give notice of his dissent within a reasonable time or his assent will be presumed. 1 Wait’s Actions and Defences, 234; Botkin v. McIntyre, 81 Mo. 557; Pelkington v. Ins. Co., 55 Mo. 178; Wharton on Cont., sect. 6. There was no evidence that the transaction was a wager.
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Error to tlie Pike County Circuit Court, Elijah Robinson, Judge. A principal who is informed of an unauthorized act of his agent, must give notice of his dissent within a reasonable time or his assent will be presumed. 1 Wait’s Actions and Defences, 234; Botkin v. McIntyre, 81 Mo. 557; Pelkington v. Ins. Co., 55 Mo. 178; Wharton on Cont., sect. 6. There was no evidence that the transaction was a wager. Cockrell v. Thompson, 85 Mo. 510. The agent must implicitly and strictly obey the order of his principal. If he violates instructions, he does so at his peril. Lewin v. Dille & Avery, 17 Mo.…
1Opinion of the Court
.Rombaubr, J.,
delivered the opinion of the court.
This is an action to recover $681.25, claimed to be due by the defendant to the plaintiffs, for money advanced in the purchase of wheat, including their commissions.
The petition states, in substance, that the plaintiffs are commission merchants in the city of St. Louis; that on August 3,1885, they bought, upon the defendant’s request and on his account, ten thousand bushels of wheat, paying therefor, inclusive of their commissions, $10,343.75; that wheat thereafter declined in price in the St. Louis market, and it became necessary for the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Cockrell v. ThompsonSupreme Court of Missouri · 1885
3Cited by4 opinions
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Mulford v. CæsarMissouri Court of Appeals · 1893
- Taylor v. PenquiteMissouri Court of Appeals · 1889
- Jones v. ShaleMissouri Court of Appeals · 1889