Kaw Brick Co. v. Hogsett
Missouri Court of Appeals
Appeal from the. Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) In the absence of and apart from each and all of those facts proving as a matter of fact a contract for a continuing employment on the part of defendants, the law presumes that all general employments are at will merely, and the burden of proving an employment for a definite period rests upon him who alleges it.
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Appeal from the. Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) In the absence of and apart from each and all of those facts proving as a matter of fact a contract for a continuing employment on the part of defendants, the law presumes that all general employments are at will merely, and the burden of proving an employment for a definite period rests upon him who alleges it. Mechem on Agency, sec. 210. (2) The fact of an agency may not only be proven by parol testimony, but also by the acts of the parties. Brooks v. Jameson, 55 Mo. 505; Rice v. Crossman, 56 Mo. 434; Franklinv. Ins.…
1Opinion of the CourtGill, J.
-Plaintiff sued the defendants for dana-ages by reason of their failure to keep plaintiff's brickyard property insured according to an alleged agreement between the parties. At the close of plaintiff's evidence the trial court sustained a demurrer thereto; plaintiff submitted to an involuntary nonsuit, which the court refused to set aside on motion, and the case has been brought here by appeal.
Plaintiff's testimony tended to establish about this state of facts: On November 23, 1892, the genera]. managei~ of the plaintiff's brick manufactory at Kansas City went to the office of defendants, who…
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