Joy v. Cale
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. The article delivered is not the sound piano sold by Mrs. Sampson, plaintiff’s agent. There can be no question of her agency; plaintiff’s testimony shows that she was her agent, all the testimony shows it — her respresentation bound plaintiff. If she acted beyond her authority in representing the piano sound, plaintiff, or some one for her, should have denied her agency and authority.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. The article delivered is not the sound piano sold by Mrs. Sampson, plaintiff’s agent. There can be no question of her agency; plaintiff’s testimony shows that she was her agent, all the testimony shows it — her respresentation bound plaintiff. If she acted beyond her authority in representing the piano sound, plaintiff, or some one for her, should have denied her agency and authority. Ackley v. Staehlin, 56 Mo-. 558; Oldham v. Henderson, 4 Mo. 295; Baker v. Stonebraker, 36 Mo. 338; Boggs v. Railroad, 118 Mo. 328;…
1Opinion of the CourtBland, P. J.
In 1903, plaintiff had in her house a square piano, which she wished to sell. Mrs. Sampson was nursing Miss Hill, plaintiff’s sister, who lived with plaintiff, and plaintiff told Mrs. Sampson that she ■wished to sell the piano and would take one hundred dollars for it, and pay her a commission of ten dollars if she would find a purchaser, and at the same time represented to Mrs. Sampson that the piano, “though old, was perfectly sound and whole; that she had had it tuned inside of a year and it was a very sweet toned instrument.” Defendants were appointed a committee by the Cote Brilliante…
2Cases cited9 opinions
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Turner v. HaarSupreme Court of Missouri · 1893
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Oberbeck v. MayerMissouri Court of Appeals · 1894
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3Cited by1 opinion
- Griswold v. HaasMissouri Court of Appeals · 1915