Atlee v. Fink
Supreme Court of Missouri
' Appeal from Jackson Circuit' Court. — Hon. S. H. Woodson, Judge. O’Sullivan had no power to appoint a sub-agent at the ■expense of the plaintiffs.
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' Appeal from Jackson Circuit' Court. — Hon. S. H. Woodson, Judge. O’Sullivan had no power to appoint a sub-agent at the ■expense of the plaintiffs. Story on Agency, (6 Ed.) § 387, and note; lb., §§ 13, 14, 16; 2 Kent Com., (12 Ed.) side p. 633, sub-div. 9, and note; Paddock v. Colby, 18 Yt. 485; 'Solly v. Bathbone, 2 Maulé & Selw. 299, et seq; Warner v. ■ Martin, 11 How. 209 ;. Cronkite v. Wells, 32 N. Y. 247. The policy of the law forbids that O’Sullivan, acting as the servant and confidential adviser of the purchasers, should, at the same time, be secretly receiving a compensation from the…
1Opinion of the CourtHenry, J.
Plaintiffs sued defendant for balance on. account for lumber sold, $497.68. In his answer, defendant, admits the purchase, but his defense is, that there is in the-account an overcharge of $35, that he' is entitled to a credit-of $184.36, paid on the account, and that plaintiffs owe-him $261, as commission on lumber sold by plaintiffs to defendant’s employers, on defendant’s recommendation, for which he alleges plaintiffs agreed to pay him a commission of two and one-half per cent. All of these allegations were denied by plaintiffs’ replication. The defendant obtained a judgment for $38.73,…
2Cases cited2 opinions
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