Artz v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon, John A. Talty, Judge. STATEMENT OF THE CASE. The suit is to recover on an itemized account of eleven hundred and forty dollars for rent of office rooms, janitor service, fuel and light, from February 1, 1895, to February 1, 1900, which the appellant alleges he, as assistant superintendent of respondent’s branch office in the city of St. Louis, paid out and expended at the instance and request of the respondent.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon, John A. Talty, Judge. STATEMENT OF THE CASE. The suit is to recover on an itemized account of eleven hundred and forty dollars for rent of office rooms, janitor service, fuel and light, from February 1, 1895, to February 1, 1900, which the appellant alleges he, as assistant superintendent of respondent’s branch office in the city of St. Louis, paid out and expended at the instance and request of the respondent. The answer admitted the incorporation of respondent and its business, and denied all other allegations of the petition. The appellant…
1Opinion of the CourtBland, P. J.
Under the third clause of his contract appellant agreed to pay all the usual and necessary expenses of every kind incident to his agency. It seems from the evidence that the duties he was required to perform made it necessary that he should have an office room. The rent charge, therefore, was an incident to the carrying on of the business of his agency. This he agreed to pay and was bound to pay, unless the evidence is such as to warrant the inference that office rent was not one of the expenses usually borne by an agent of his grade and was not in the minds of either of the parties to the…
2Cases cited2 opinions
- State v. MartinSupreme Court of Missouri · 1894
- Kinner v. Tschirpe's ExecutorsMissouri Court of Appeals · 1893
3Cited by1 opinion
- Wonderly v. GiesslerMissouri Court of Appeals · 1906