Mantz v. Maguire
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The contract of sale' would not have bound the principal if the agents had authority to make it, because it fails to disclose the vendor. Schench v. Co., 47 N. J. Eq. 44: Clampet v. Bells, 39 Minn. 272; O’Sullivan v. Overton, 56 Conn. 102; Nichols v. Johnson, 10 Conn. 198; Ments v. Neivwitter, 122 N. Y. 491; Mayerv. Adrian, 77 N. C. 83; Boss v. Allen, 45 Kan. 231;. Bepettiv.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The contract of sale' would not have bound the principal if the agents had authority to make it, because it fails to disclose the vendor. Schench v. Co., 47 N. J. Eq. 44: Clampet v. Bells, 39 Minn. 272; O’Sullivan v. Overton, 56 Conn. 102; Nichols v. Johnson, 10 Conn. 198; Ments v. Neivwitter, 122 N. Y. 491; Mayerv. Adrian, 77 N. C. 83; Boss v. Allen, 45 Kan. 231;. Bepettiv. Maisalt, 6 Mack. 368; Grafton v. Cummings,. 99 U. S. 100; Champion v. Plummer, 1 Bos. & P. (N. R.) 252; Boeckler v. McGowan, 12 Mo. App. 507;…
1DissentBiggs, J.
(dissenting). — The majority of the court are of the opinion that the plaintiffs were entitled to recover for the loss of their bargain, and that the circuit court was justified in so instructing the jury. To this I cannot agree. The action is one for the. breach of an implied warranty of authority by the defendants as agents of Taylor to make the contract set forth in the petition. If the defendants assumed to act' for Taylor without having authority to do so, they would be answerable in this action for whatever amount had been paid on account of the pretended contract. But whether they must…
2Cases cited21 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Dung v. . ParkerNew York Court of Appeals · 1873
- Grafton v. CummingsSupreme Court of the United States · 1879
- Mentz v. . NewwitterNew York Court of Appeals · 1890
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