Winsor v. Lafayette County Bank
Missouri Court of Appeals
Appeal 'from Lafayette Circuit Court, Hon. John P. Strother, J. Statement of case by the court. The plaintiffs are real estate agents and sued defendant for one hundred dollars commission alleged to have been earned by them in negotiating a sale of real estate, belonging to defendant in Lexington, Mo., to Mrs. Ada Young.
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Appeal 'from Lafayette Circuit Court, Hon. John P. Strother, J. Statement of case by the court. The plaintiffs are real estate agents and sued defendant for one hundred dollars commission alleged to have been earned by them in negotiating a sale of real estate, belonging to defendant in Lexington, Mo., to Mrs. Ada Young. Plaintiffs claim that the property had been put in their hands for sale by Joseph Wilson, the cashier of the bank, he agreeing to pay them commission for any sale they might negotiate. That shortly thereafter they did negotiate a sale to Mrs. Young and claimed the commission…
1Opinion of the Court
Opinion by
Ellison, J.
The evidence in this case fails to show any authority on the part of the cashier to make the employment alleged in the petition, and so does it fail to show a ratification, on the part of the defendant.
A banking corporation, of course, acts through its official agents and is held strictly to the contracts made *672in the name of, and on behalf of the corporation. But the acts of officers must be such, as is in the line of their duty or agency. It is not among the ordinary duties of a cashier to bargain and sell real estate nor to contract with brokers for that purpose. 'Such…
2Cases cited3 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Western Bank of Missouri v. GilstrapSupreme Court of Missouri · 1870
3Cited by16 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Hyde v. LarkinMissouri Court of Appeals · 1889
- Berkshire v. HolckerMissouri Court of Appeals · 1919
- Spongberg v. First National Bank of MontpelierIdaho Supreme Court · 1910
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