Lindhorst v. St. Louis Protestant Orphan Asylum
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) The defendant corporation, hy its board of directors, authorized the advisory committee to sell the Russell farm at such "time, such price and terms as met their discretion. The finance committee, having power to seh the farm, had power to appoint Mittleburg agent to sell.
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Appeal from St. Louis County Circuit Court. — No». John W. McElhinney, Judge. (1) The defendant corporation, hy its board of directors, authorized the advisory committee to sell the Russell farm at such "time, such price and terms as met their discretion. The finance committee, having power to seh the farm, had power to appoint Mittleburg agent to sell. R. S. 1899', sec. 971. Mittleburg’s appointment as agent to sell was not invalid for want of a formal meeting of the committee, because: (a) Neither the statutes nor the by-laws of the defendant corporation require that the committee hold…
1Opinion of the CourtWoodson, J.
Plaintiffs filed their bill in equity in the circuit court of St. Louis county against the defendant, an eleemosynary corporation, organized and existing under the laws of the State of Missouri, for the specific performance of a contract for the sale of a tract of land situate in said county. The cause is here on appeal from an order and judgment of that court sustaining a demurrer to plaintiffs ’ evidence.
The petition alleges (a) that Mittleberg, a real estate agent, was duly authorized in writing, signed by defendant, to make said contract; and (b) ratification of said contract by defendant…
2Cases cited10 opinions
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Fox v. CourtneySupreme Court of Missouri · 1892
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Duff v. Fire Ass'nSupreme Court of Missouri · 1895
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3Cited by6 opinions
- Webb v. SalisburySupreme Court of Missouri · 1931
- Rosenblum v. New York Central R.R. Co.Superior Court of Pennsylvania · 1947
- Uline Loan Co. v. Standard Oil Co.South Dakota Supreme Court · 1921
- State Ex Rel. Sears, Roebuck & Co. v. HaidSupreme Court of Missouri · 1933
- Frudden v. Peppers Fruit Co.California Court of Appeal · 1932
1 more not listed; retrieve them via the Exa API.