Deane Steam Pump Co. v. Green & Clark
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon.George W. Lubke, Judge. The respondent guaranteed that the pump would perform the work required as set forth in the order. Wharton on Agency, secs. 89, 158, 177, 415 ; Mundorff v. WickersJiam, 63-' Pa. St. 87. There was evidence to support the first and second items of defendant’s counter-claim.
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Appeal from the St. Louis Circuit Court, Hon.George W. Lubke, Judge. The respondent guaranteed that the pump would perform the work required as set forth in the order. Wharton on Agency, secs. 89, 158, 177, 415 ; Mundorff v. WickersJiam, 63-' Pa. St. 87. There was evidence to support the first and second items of defendant’s counter-claim. Because the-changes were made at the agent’s request, within the scope of his employment and for plaintiff’s benefit. 2 Greenl. on Evid. [10 Ed.] sec. 108; Hill v. Packard, 69 Me. 158. The objections to the depositions were not specific. There had been.no…
1Opinion of the CourtPeers, J.
This action was commenced before a justice of the peace in the city of St. Louis on an account. The petition is in two counts; the first being for repairs and alterations on a certain duplex pump, and the second for the agreed purchase price of a number four piston pump; the entire demand being for '$212.12. The defendants filed a setoff containing several items for money paid, laid out and expended, all growing out of the same transaction. The justice dismissed the counterclaim, and rendered judgment for the plaintiff for the full amount of its claim. The defendants thereupon appealed to the…
2Cases cited1 opinion
- Holman v. BachusSupreme Court of Missouri · 1880
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- Moore v. KeeseyWashington Supreme Court · 1946
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