Legal Opinion

Hoppe v. Saylor

Missouri Court of Appeals

Decided January 31, 1893PublishedCited by 6 opinions

Appeal from the St. Louis County Circuit Court. — Hon. W. W. Edwaeds, Judge. Agency can be established only by evidence of express appointment, previous course of dealing, ratification or estoppel. Alexander v. Hollins, 11 Mo. App. 109; s. o., 81 Mo. 657. When no agency is shown, one cannot be held to have ratified the unauthorized acts of another.

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Appeal from the St. Louis County Circuit Court. — Hon. W. W. Edwaeds, Judge. Agency can be established only by evidence of express appointment, previous course of dealing, ratification or estoppel. Alexander v. Hollins, 11 Mo. App. 109; s. o., 81 Mo. 657. When no agency is shown, one cannot be held to have ratified the unauthorized acts of another. Hammerslough v. Cheatham, 81 Mo. 13. There can be no ratification of an unauthorized act, without full knowledge of all material facts. Windsor v. Bank, 18 Mo. App. 665; Middleton v. Bailroad, 62 Mo. 579; Cravens v. Qillilan, 63 Mo. 28. To…

1Opinion of the CourtBiggs, J.

— This is an action to recover compensation for cutting thirty and one-half cords of wood to be used for charcoal, and two and one-half cords to be sold on the market. The defendant denied liability. The cause was submitted to the court as a jury without instructions. There was a judgment for the plaintiffs *6for the full amount. The defendant has appealed, and the principal objection urged in this court is that the evidence is not sufficient to authorize the finding. This assignment requires a reference to the facts.

The plaintiffs’ evidence tended to prove the following facts: That, in the…

2Cases cited11 opinions

  1. Rice v. GroffmannSupreme Court of Missouri · 1874
  2. Blakely v. BenneckeSupreme Court of Missouri · 1875
  3. Mitchum v. DunlapSupreme Court of Missouri · 1889
  4. Rall Bros. v. McCraryMissouri Court of Appeals · 1891
  5. Hull v. JonesSupreme Court of Missouri · 1879

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3Cited by6 opinions

  1. St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
  2. Mosby v. McKee, Zook & Whiteford Commission Co.Missouri Court of Appeals · 1902
  3. Hoster v. LangeMissouri Court of Appeals · 1899
  4. Suddarth v. Empire Lime Co.Missouri Court of Appeals · 1899
  5. Farley v. StroehMissouri Court of Appeals · 1896

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