St. Louis Gunning Advertising Co. v. Wanamaker & Brown
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. Plaintiffs contracted with Lurie as selling agent, and therefore knew the limits of his authority. A selling agent has no implied authority to bind his principal for advertising.
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Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. Plaintiffs contracted with Lurie as selling agent, and therefore knew the limits of his authority. A selling agent has no implied authority to bind his principal for advertising. Tarpey v. Bernheimer, 16 N. Y. Supp. 870. Ratification can arise from silence only “Where there is a duty to speak and the party upon whom the duty rests, has an opportunity to speak, and knowing the circumstances requiring him to speak, keeps silence; or in other words, where his silence amounts to a fraud, actual or constructive.” 11 Am.…
1Opinion of the CourtGoode, J.
(after, stating the facts). — 1. The ground for a verdict in favor of the plaintiff allowed by the instructions, was that defendant had ratified the contract made by Lurie in its name. The first instruction treated the defendant’s failure to disclaim liability within a reasonable time after receiving plaintiff’s letter of November 20th, as in itself a ratification. Every fact hypothesized in that instruction was undisputed; hence, the charge was equivalent to directing a verdict for the plaintiff. We think the instruction went too far, in view of the fact that plaintiff had already performed…
2Cases cited38 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Cotten v. County CommissionersSupreme Court of Florida · 1856
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1895
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Peck v. RitcheySupreme Court of Missouri · 1877
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3Cited by20 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Wilks v. StoneMissouri Court of Appeals · 1960
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- Wisconsin Telephone Co. v. Railroad CommissionWisconsin Supreme Court · 1916
- Kansas City Star Publishing Co. v. Standard Warehouse Co.Missouri Court of Appeals · 1907
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