Legal Opinion

Lammers v. White Sewing Machine Co.

Missouri Court of Appeals

Decided January 10, 1887Published

Appeal from Jackson Circuit Court, I-Ion. TurneeA. Gill, Judge. The case is stated in the opinion. I. The court erred in not sustaining the demurrer to the evidence. It appeared that an alteration was made in the order after its acceptance by the company, at plaintiff’s suggestion, and there was no evidence of the-knowledge of it by the company until after suit brought, or that the company ratified it. This made the order a-nullity and no recovery could be had on it.

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Appeal from Jackson Circuit Court, I-Ion. TurneeA. Gill, Judge. The case is stated in the opinion. I. The court erred in not sustaining the demurrer to the evidence. It appeared that an alteration was made in the order after its acceptance by the company, at plaintiff’s suggestion, and there was no evidence of the-knowledge of it by the company until after suit brought, or that the company ratified it. This made the order a-nullity and no recovery could be had on it. Haskell v. Champion, 31 Mo. 136 ; Evans v. Foreman, 60 Mo. 449 Moore v. Hutchinson, 69 Mo. 429 ; First Nat. Bk. of Springfield…

1Opinion of the CourtEllison, J.

This suit was originally brought in justice5 s court, where the plaintiff below, the appellee here, had judgment.

An appeal was taken to the circuit court, where judgment upon the verdict of the jury, again went for the plaintiff.

The suit was upon the following order:

“Kansas City, Jan. 9, 1884.
“J. Gr. Crompton, Agent White ¡Sewing Machine Co.
“ Please pay to Lamars & Howe, thiity dollars out of our commission account for the month of February 1, 1884.
“Bobinson & Daniels.”

This order was endorsed across the face as follows: “Accepted. J. Gf. Crompton, Manager Betail Dept.”

The evidence showed…

2Cases cited5 opinions

  1. Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
  2. Evans v. ForemanSupreme Court of Missouri · 1875
  3. Moore v. HutchinsonSupreme Court of Missouri · 1879
  4. Hord v. TaubmanSupreme Court of Missouri · 1883
  5. Lynn v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881

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