Haubelt Bros. v. Rea & Page Mill Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Cowrt. — Hon. Richard Field, Judge. (1) The question raised primarily by this record is, was there a sale of flour by defendant to plaintiff. The contention of plaintiff is that there was, of defendant that there was not. “An agent is a competent witness to establish his own agency.” Pump Co. v. Green, 31 Mo.
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Appeal from the Saline Circuit Cowrt. — Hon. Richard Field, Judge. (1) The question raised primarily by this record is, was there a sale of flour by defendant to plaintiff. The contention of plaintiff is that there was, of defendant that there was not. “An agent is a competent witness to establish his own agency.” Pump Co. v. Green, 31 Mo. Ápp. 269; Leete v. Bank, 115 Mo. 204. “Again agency need not be established by proof of an express contract, but can be established by the habit and course of business of the principal.” Mitchum v. Dunlap, 98 Mo. 421; Franklin v. Ins. Go., 52 Mo. 461;…
1Opinion of the CourtSmith, J.
This action originated ip the justice’s court and was taken by appeal to the circuit court where it was tried before the court without a jury. After the introduction of the evidence on behalf of the plaintiffs a demur.rer thereto was interposed by the defendant which was by the court sustained and judgment was given for the defendant. Plaintiffs appeal.
Statement
On the twenty-first day of August, 1896, the plaintiffs were retail merchants, engaged in selling groceries and provisions in Brenham, Texas. The defendant was a corporation of Missouri, engaged in ' manufacturing and selling flour, in…
2Cases cited10 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Johnson v. HurleySupreme Court of Missouri · 1893
- Cummings v. HurdMissouri Court of Appeals · 1892
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Sharp v. KnoxMissouri Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Erickson v. Civic Plaza National Bank of Kansas CityMissouri Court of Appeals · 1967
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- Carman v. HarrahMissouri Court of Appeals · 1914
- Bennett v. PotashnickMissouri Court of Appeals · 1924
- City of Springfield v. KochMissouri Court of Appeals · 1934
5 more not listed; retrieve them via the Exa API.