McDearmott v. Sedgwick
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. 0. L. Dobson, Judge. (1) The allegation of agency in plaintiff’s petition is not supported by the evidence. Tyler v. Parr, 52 Mo. 249;. Gelatt v. Ridge, 117 Mo. 553; Egger v. Nesbitt, 122 Mo. 667. (2) The proof failing to conform to the allegations in the petition, plaintiff can not recover. Rutledge v. Railroad, 110 Mo. 312; Williams v. Railroad, 112 Mo. 463; Halpin v. Manny, 33 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. 0. L. Dobson, Judge. (1) The allegation of agency in plaintiff’s petition is not supported by the evidence. Tyler v. Parr, 52 Mo. 249;. Gelatt v. Ridge, 117 Mo. 553; Egger v. Nesbitt, 122 Mo. 667. (2) The proof failing to conform to the allegations in the petition, plaintiff can not recover. Rutledge v. Railroad, 110 Mo. 312; Williams v. Railroad, 112 Mo. 463; Halpin v. Manny, 33 Mo. App-. 388. (3) The services for which plaintiff seeks to recover were illegal, immoral, dishonest, and corrupt. They were not only so in themselves, but they embraced the…
1Opinion of the CourtMacfarlane, J.
This is a suit on the recovery of one half cent per tie for seven hundred and sixty-three •thousand, one hundred and ninety-three ties alleged to have been sold by plaintiff for defendants as their agent.
The petition was in two counts, the first on a quantum meruit for the value of the services rendered defendants by plaintiff in procuring the sale of the ties, and the second on a contract for the same services. *176The answer to each count was a general denial. The first count was dismissed before submission to a jury. On the second count there was a verdict and judgment for the amount claimed.…
2Cases cited8 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Sprague v. RooneySupreme Court of Missouri · 1891
- Musser v. AdlerSupreme Court of Missouri · 1885
- Moore v. RingoSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kelerher v. HendersonSupreme Court of Missouri · 1907
- Schoene v. HickamSupreme Court of Missouri · 1965
- Mueller v. BurchfieldSupreme Court of Missouri · 1949
- Frankel v. HillierNorth Dakota Supreme Court · 1907
- Meyer v. WeberMissouri Court of Appeals · 1937
19 more not listed; retrieve them via the Exa API.