Jacob Leu & Sons v. Mayer, Sells & Co.
Supreme Court of Kansas
Error from Pawnee District Court. ActioN by Jacob Leu & Boris against Daniel Mayer and others. At the April term, 1890, the defendants had judgment. The plaintiffs come here. The facts are set forth in the opinion.
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Error from Pawnee District Court. ActioN by Jacob Leu & Boris against Daniel Mayer and others. At the April term, 1890, the defendants had judgment. The plaintiffs come here. The facts are set forth in the opinion. The bookkeeper, Keyes, was a special agent, with instructions to secure plaintiffs’ claim due them by Mayer, Sells & Co., and had no authority to release Sells and Thorp, and any agreement to that effect (if made) was not binding on these plaintiffs, but wholly void. The rule is well settled that a special agent does not bind his employer or principal unless his authority be…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
Jacob Leu & Sons, wholesale dealers in hardware, at Atchison, sold goods to Mayer, Sells & Co., who were retail dealers in hardware at Larned, Kas. In August, 1888, Mayer, Sells & Co, owed Jacob Leu & Sons, upon two promissory notes and an open account, $730.79, with certain interest which had accrued. At the latter date/the firm of Mayer, Sells & Co.-, which was composed of Daniel Mayer, George A. Sells, and A. A. Thorp, dissolved, Mayer pur*421chasing and taking possession of the entire partnership stock. At the time of the dissolution, the…
2Cases cited4 opinions
- Bohart, Dillingham & Co. v. Oberne, Hosick & Co.Supreme Court of Kansas · 1887
- Banks v. EverestSupreme Court of Kansas · 1886
- Streeter v. PoorSupreme Court of Kansas · 1868
- Scully v. DodgeSupreme Court of Kansas · 1888
3Cited by4 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- St. Louis & San Francisco Railway Co. v. BrownCourt of Appeals of Kansas · 1896
- Richards v. NewstifterSupreme Court of Kansas · 1904
- Kirby v. Western Wheeled Scraper Co.South Dakota Supreme Court · 1897