Austin v. Burge
Missouri Court of Appeals
Appeal from Bates Circuit Court.—Hon. G. A. Denton, Judge. (1) Although one has not ordered a newspaper or periodical sent to him, or if his subscription has expired, yet if the paper is sent to him through the mails and he takes it out and uses it, this raises an implied contract on his part to pay the subscription price. 9 Cyc. 258-259; Fogg v. Portsmouth Atheneum, 44 N. H. 115, 82 Am. Dee. 191; Goodland v. LeClair, 78 Wis. 176, 47 N. W. 268; Ward v. Powell, 3 Harr.
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Appeal from Bates Circuit Court.—Hon. G. A. Denton, Judge. (1) Although one has not ordered a newspaper or periodical sent to him, or if his subscription has expired, yet if the paper is sent to him through the mails and he takes it out and uses it, this raises an implied contract on his part to pay the subscription price. 9 Cyc. 258-259; Fogg v. Portsmouth Atheneum, 44 N. H. 115, 82 Am. Dee. 191; Goodland v. LeClair, 78 Wis. 176, 47 N. W. 268; Ward v. Powell, 3 Harr. (Del.) 379, 7 Am. and Eng. Ency. Law (2 Ed,), p. 130, note. (2) The two instructions offered by the plaintiff which were…
1Opinion of the CourtEllison, J.
This action was brought on an account for the subscription price of a newspaper. The judgment in the trial court was for the defendant.
It appears that plaintiff was publisher of a newspaper in Butler, Mo., and that defendant’s father-in-law. subscribed for the paper, to be ' sent to defendant for two years, and that the father-in-law paid for it for that time. It was then continued to be sent to defendant, through the mail, for several years more. On two occasions defendant paid a bill presented for the subscription price, but each time directed it to be stopped.. Plaintiff denies the order…
2Cases cited1 opinion
- Goodland v. Le ClairWisconsin Supreme Court · 1890
3Cited by2 opinions
- Joseph L. Portwood and Betty Portwood, Individuals, Trading and Doing Business as the Portwood Company v. The Federal Trade CommissionCourt of Appeals for the Tenth Circuit · 1969
- Legal News Publishing Co. v. George C. Knispel Cigar Co.Supreme Court of Minnesota · 1919