Millard v. Smith
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The court erred in excluding the written instrument called “Contract of Option” offered by defendants. . The burden of showing that Thos. F. Millard, of whom defendant L. X. Smith bought the property, in part payment for which the note sued- on was given, was the agent in making said sale of plaintiff, was on defendants. Gentry v. Ins. Co., 15 Mo. App. 215; Breckinridge v. Ins.
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Appeal from Texas Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The court erred in excluding the written instrument called “Contract of Option” offered by defendants. . The burden of showing that Thos. F. Millard, of whom defendant L. X. Smith bought the property, in part payment for which the note sued- on was given, was the agent in making said sale of plaintiff, was on defendants. Gentry v. Ins. Co., 15 Mo. App. 215; Breckinridge v. Ins. Co., 87 Mo. 62. (2) The court erred in refusing instruction numbered one asked by the defendants. Plaintiff received the benefits of the trade or sale…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Plaintiff objected to the introduction of the contract of March 3, 1903 (copied in the statement). The court sustained the objection, thereby cutting up the defense by the roots, as there is scarcely any evidence, outside of this contract, showing or tending.to show that Thomas Millard was the authorized agent of the plaintiff to sell the property. The contract is a two-fold one. It gave Thomas Millard an option to buy the entire property at a price not less than ten thousand dollars, at any time within five months from the date of the contract, and also…
2Cases cited4 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Hoyer v. LudingtonWisconsin Supreme Court · 1898
- Gentry v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1884
3Cited by5 opinions
- Light v. Chandler Improvement Co.Arizona Supreme Court · 1928
- Eisenbeis v. ShillingtonSupreme Court of Missouri · 1941
- Moynes v. ApplebaumMichigan Supreme Court · 1922
- Morgan County Coal Co. v. HaldermanSupreme Court of Missouri · 1914
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914