Mathes v. Switzer Lumber Co.
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court.—Hon. Carr McNatt, Judge. (1) Plaintiff cannot sue upon contract and recover in tort. Link v. Vaughn, 17 Mo. 585; Clements v. Yates, 69 Mo. 623; Clothers v. Acock, 43 Mo. App. 323; Sumner v. Rogers, 90 Mo. 234; Rosen v. Brodskey, 57 N. Y. S. 99. (2) Agency can never be proven by the acts or declarations' of one pretending to be an agent.
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Appeal from Lawrence County Circuit Court.—Hon. Carr McNatt, Judge. (1) Plaintiff cannot sue upon contract and recover in tort. Link v. Vaughn, 17 Mo. 585; Clements v. Yates, 69 Mo. 623; Clothers v. Acock, 43 Mo. App. 323; Sumner v. Rogers, 90 Mo. 234; Rosen v. Brodskey, 57 N. Y. S. 99. (2) Agency can never be proven by the acts or declarations' of one pretending to be an agent. Craighead v. Wells, 21 Mo. 404; Anderson v. Volmer, 83 Mo. 403; Timber & Iron Co. v. Cooperage Co., 112 Mo. 383; Carsen v. Cummings, 68 Mo. 325. (3) Witnesses were permitted to testify to the contents of the records…
1Opinion of the CourtFarrington, J.
—The plaintiff recovered judgment against the defendant for the sum of $668.40 in a suit instituted in Stone county and afterwards removed on change of venue to Lawrence county. The amount sued for was $677.46, the alleged value *243of 1671 railroad crossties. The answer was a general denial.
The evidence offered on the part of the plaintiff showed that he was the owner of 5000 ties on the railroad right-of-way in the town of Galena, Mo., which h.e sold to one Wolf, a tie contractor. Wolf, in turn, sold the 5000 ties to the defendant and received the money therefor from the defendant by draft or…
2Cases cited8 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Gordon v. BrunerSupreme Court of Missouri · 1872
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- City of St. Louis v. ArnotSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- Dorrance v. DorranceSupreme Court of Missouri · 1914
- Bledsoe v. McKeowenSupreme Court of Arkansas · 1930
- J. B. Colt Co. v. WatsonMissouri Court of Appeals · 1923
- First Nat. Bank of Elyria v. Equipment Co.Missouri Court of Appeals · 1926
4 more not listed; retrieve them via the Exa API.