Hodel-Mutti Manufacturing Co v. Ham
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. James E. Hmell, Judge. (1) This judgment must stand or follow the questions of whether Walter S. Ham was a member of the firm of Ham & Ham, or if not was he their agent. No one pretends to say he was a member of the firm but all of the evidence is to the contrary. No one pretends to say he was their agent or that any act of W. S. Ham was ratified and made binding on the company.
Read the full summary
Appeal from Moniteau Circuit Court. — Hon. James E. Hmell, Judge. (1) This judgment must stand or follow the questions of whether Walter S. Ham was a member of the firm of Ham & Ham, or if not was he their agent. No one pretends to say he was a member of the firm but all of the evidence is to the contrary. No one pretends to say he was their agent or that any act of W. S. Ham was ratified and made binding on the company. The judgment against the defendant, W. D. Ham is absolutely without evidence to support it. Bank v. Hainlain, 67 Mo. App. 483; Woolner v. Levy, 48 Mo. App. 469; Powell v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sued in a justice’s court on an account against defendants and recovered judgment, from which defendant appealed to the circuit court where judgment was again rendered against the latter from which he appealed to this court. The work and materials included in the account sued on were furnished upon the order of Walter S. Ham, who was shown not to be a member of the firm, although sued as such.
*721The plaintiff introduced evidence tending to show that the said Walter was the agent of the defendant firm; and the defendant introduced evidence tending to show that he was not such agent…
2Cases cited3 opinions
- Crews v. LacklandSupreme Court of Missouri · 1878
- Finney v. AllenSupreme Court of Missouri · 1842
- Simpson v. SchulteMissouri Court of Appeals · 1886
3Cited by3 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- National Cash Register Co. v. KayMissouri Court of Appeals · 1936
- Katz Exclusive Millinery, Inc. v. ReichmanDistrict Court, W.D. Missouri · 1952