Suman v. Inman
Missouri Court of Appeals
Error to St. Louis Circuit Court. A verbal undertaking by a broker selling on commission to guarantee all sales is a collateral undertaking, and within the Statute of Erauds.— Canmann v. Brunswick, 3 Mo. App. 586.
1Opinion of the CourtBakewell, J.
The second count of plaintiff’s petition alleges that defendants were factors and commission-merchants; that plaintiff shipped to them a car-load of goods worth $474, which defendants received and agreed to sell for a commission of five per cent, and guarantee the payment of the proceeds to the plaintiff; that defendants sold the goods to Eox & Co., which firm was then, and ever since has been, insolvent ; that plaintiff has received no part of the proceeds of the sale, though demand was made of defendants. Judgment is asked for $474 and interest. There was a general denial, and a…
2Cases cited2 opinions
- Munsell v. LewisNew York Supreme Court · 1845
- Bradley v. RichardsonUnited States District Court · 1851
3Cited by1 opinion
- State v. Miles Laboratories, Inc.Supreme Court of Missouri · 1955