Gestring v. Fisher
Missouri Court of Appeals
Appeal from, the 8t. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) An agent is required by general law to have •.authority in writing in order to bind his principal to a •contract for the sale of the principal’s lands, and, therefore, it is the duty of persons dealing with the agent to .ascertain whether or not such authority exists, in the .absence of any fraudulent representation by the agent that such written instrument exists, and that the requisite authority…
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Appeal from, the 8t. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) An agent is required by general law to have •.authority in writing in order to bind his principal to a •contract for the sale of the principal’s lands, and, therefore, it is the duty of persons dealing with the agent to .ascertain whether or not such authority exists, in the .absence of any fraudulent representation by the agent that such written instrument exists, and that the requisite authority is conferred by it. R. S. 1889, sec. 5186; Mechem on Agency, sec. 273, p. 176 ; sec. 289, p. 190; .sec. 291, p. 191, and…
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition seeks to recover from the defendants $2,700, the alleged difference between the real value of certain real estate, and the price at which the defendants sold it to him. The cause of action is, that defendants, as agents of one J. C. Birge, undertook to sell said real estate to plaintiff, claiming authority to sell it for him at a stated price, while in fact they had no such authority from anyone ; and it rests on the familiar principle that, where one undertakes to enter into a contract as agent for another, and has no authority for so doing, he will be personally…
2Cases cited2 opinions
- Gerhart v. PeckMissouri Court of Appeals · 1890
- Wright v. BaldwinSupreme Court of Missouri · 1873
3Cited by7 opinions
- Robinson v. PatteeSupreme Court of Missouri · 1949
- Lingenfelder v. LeschenSupreme Court of Missouri · 1896
- B. F. Myers Tailoring Co. v. KeeleyMissouri Court of Appeals · 1894
- Chamberlain v. SpaldingMissouri Court of Appeals · 1943
- Shrigley v. BlackSupreme Court of Kansas · 1898
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