Burke v. Priest
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in instructing the jury that the plaintiff could not recover. The evidence tended to show that there was a contract made by the defendants with the plaintiff, which the plaintiff was. ready and willing to perform, but which the defendants failed and refused to carry out upon ¡their part, and that plaintiff sustained damages in consequence thereof. This entitled plaintiff to a recovery.
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Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in instructing the jury that the plaintiff could not recover. The evidence tended to show that there was a contract made by the defendants with the plaintiff, which the plaintiff was. ready and willing to perform, but which the defendants failed and refused to carry out upon ¡their part, and that plaintiff sustained damages in consequence thereof. This entitled plaintiff to a recovery. Woods v. Ins. Go., 50 Mo. 112; McFmdand v. Bellows, 49 Mo. 311; Emerson & Childs v. Stti/rgeon, 18 Mo. 170. (2) Where…
1Opinion of the CourtSmith, P. J.
— The principle is rudimentary that as between principal and agent the authority of the latter is revocable at any time if not coupled with an interest. The authority of the agent to represent the principal depends upon the will and license of the principal. It is the act of the principal which creates the authority; it is for his benefit and to subserve his purposes that it is called into being; and, unless the agent has acquired with the authority an interest in the subject-matter, it is in the principal’s interest alone that the authority is to be exercised. The agent has no right to…
2Cases cited3 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Barr v. SchroederCalifornia Supreme Court · 1867
- State ex rel. Walker v. WalkerSupreme Court of Missouri · 1885
3Cited by3 opinions
- J. C. McCray & Son v. PfostMissouri Court of Appeals · 1906
- Burwell v. LantzMissouri Court of Appeals · 1922
- Shepard v. McNailMissouri Court of Appeals · 1907