Brauckman v. Leighton
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. It was error to admit the statements of Stinde in regard to the sewer, before plaintiff had proved that he was defendant’s agent and that his authority included the power to bind defendant by¡his representations. Williams v. Edwards, 94 Mo. 447; Diel v. Railroad, 37 Mo. App. 454; Alexander v. Pallins, 14 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. It was error to admit the statements of Stinde in regard to the sewer, before plaintiff had proved that he was defendant’s agent and that his authority included the power to bind defendant by¡his representations. Williams v. Edwards, 94 Mo. 447; Diel v. Railroad, 37 Mo. App. 454; Alexander v. Pallins, 14 Mo. App. 104; Chippies v. Whelan, 61 Mo. 583. The declarations of an agent made in the course of his employment, in regard to the subject-matter of the agency, are original, not hearsay, evidence, and are admissible…
1Opinion of the CourtBond, J.
This is an action for deceit and misrepresentation, whereby it is alleged that the plaintiff was induced to purchase certain real estate conveyed to him by defendant. The answer was a general denial.
The substance of the evidence given.by plaintiff on the trial was that, some time prior to the transaction complained of, he was engaged in the real estate business, and occupied desk room in the office of another real estate agent, Conrad R. Stinde; that Stinde sug*40gested.to plaintiff the purchase of the lot in question, whereupon plaintiff went out and examined its location, and in the course of…
2Cases cited4 opinions
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Nauman v. OberleSupreme Court of Missouri · 1886
- J. E. Hayner & Co. v. ChurchillMissouri Court of Appeals · 1888
3Cited by5 opinions
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Lombard v. SillsMissouri Court of Appeals · 1913
- Crawford v. Boston Store Mercantile Co.Missouri Court of Appeals · 1896
- Gallagher v. Washington County Savings, Loan & Building Co.West Virginia Supreme Court · 1943
- Brown v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915