Henderson v. Botts
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. J. D. MoTrimbde, Special Judge. (1) The contract, even if made as claimed by defendant, was not within the authority of plaintiff’s agent, and he is, therefore, not bound by it.
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Appeal from the Jachson Circuit Court. — Hon. J. D. MoTrimbde, Special Judge. (1) The contract, even if made as claimed by defendant, was not within the authority of plaintiff’s agent, and he is, therefore, not bound by it. “If the act of the agent substantially varies from, or exceeds, the authority in nature, degree or legal effect it will not bind the principal.” 1 Wait’s Actions and Defenses, p. 240. (2) There was no consideration for the agreement claimed by defendant to have been made by plaintiff’s agent. Defendant received a beneficial service and should be held to pay therefor,…
1Opinion of the CourtGill, J.
— Samuel Styer had in his charge and possession at his farm, in Jackson county, a stallion; and the defendant, Botts, had a fine mare, which Styer proposed should be bred to the stallion. Botts at first declined to breed the mare, because he preferred her *143services for other purposes. Finally, however, Botts agreed that Styer might breed the mare, on the condition that Botts should be charged nothing for the services of the stallion, and that Styer would pay Botts $100 for the colt at weaning time. The mare was bred and subsequently had a edit.
Plaintiff Henderson was, in fact, the owner of the…
2Cases cited1 opinion
- Traub v. MillikenSupreme Judicial Court of Maine · 1869
3Cited by3 opinions
- Rhea v. Buckley Custom Shirt Manufacturing Co.Missouri Court of Appeals · 1899
- Munroe & Co. v. AdamoCourt of Appeals of Kentucky · 1910
- Quarles v. S. H. Hall & Co.Missouri Court of Appeals · 1903