Whitaker v. Bell Oil Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) It was not error to permit the respondent, Whitaker, to testify about an agreement he had with Bay, agent of appellant, as to one and one-half cents per gallon commission, because defendant, appellant, admits in its answer that respondent sold 6892 gallons of oil upon which' he was to receive one and one-half cents per gallon. Deal v. Cooper, 94 Mo. 62; R. S. 1909, Sec. 2082; Cross v. Gould, 131 Mo.
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Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) It was not error to permit the respondent, Whitaker, to testify about an agreement he had with Bay, agent of appellant, as to one and one-half cents per gallon commission, because defendant, appellant, admits in its answer that respondent sold 6892 gallons of oil upon which' he was to receive one and one-half cents per gallon. Deal v. Cooper, 94 Mo. 62; R. S. 1909, Sec. 2082; Cross v. Gould, 131 Mo. App. 585; Preeland v. Williamson, 2201 Mo. 217; ITilz v. Railroad, 101 Mo. 36. (2) The contract is silent whether the…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued to recover $416.10 as commission on the sale of oils, defendant counterclaimed for $801.29, the trial to the jury resulted in favor of the plaintiff for the full amount sued for and against the defendant on its counterclaim, from which it has appealed. Defendant was a corporation having its chief office in St. Louis.
Plaintiff alleges in his petition that under a contract with the defendant he sold in Senath, Dunklin county, and vicinity 30,409 gallons of oil products for which he was to receive a commission of $304.09 and 6892 gallons for which he was to receive a commission of…
2Cases cited2 opinions
- Bond v. SandfordMissouri Court of Appeals · 1908
- Leschen v. BrazelleMissouri Court of Appeals · 1912