Waters-Pierce Oil Co. v. Jackson Junior Zinc Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». J. D. Perkins, Judge. (1) Whatever the alleged agent says or does in relation to the act by him to be performed is a part of the res gestae, if done or said while the transaction is passing. Singleton v. Mann, 3 Mo. 464; Larson v. Railroad, 110 Mo. 234; Peck v. Ritchey, 66 Mo. 114; Ingalls v. Averitt, 34 Mo. App. 371. So, too, if they are made so soon after the transaction as to constitute a part of same.
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Appeal from Jasper Circuit Court. — No». J. D. Perkins, Judge. (1) Whatever the alleged agent says or does in relation to the act by him to be performed is a part of the res gestae, if done or said while the transaction is passing. Singleton v. Mann, 3 Mo. 464; Larson v. Railroad, 110 Mo. 234; Peck v. Ritchey, 66 Mo. 114; Ingalls v. Averitt, 34 Mo. App. 371. So, too, if they are made so soon after the transaction as to constitute a part of same. Bergeman v. Railroad, 104 Mo. 77. And they are admissible if made by the agent while acting within his real or apparent ostensible authority. Meagher…
1Opinion of the CourtBroaddus, J.
The action is on an account for-goods alleged to- have been sold and delivered to the' defendant in the months of October, November and December, 1900. The defendant denied the purchase and delivery of the goods. The finding and judgment were-for the defendant, from which plaintiff appealed.
The defendant owned a mining lease on twenty-three acres of land; and one F. C. G-rable assisted in' organizing the defendant company and superintended, the construction of its ore-dressing mill on the leased premises which was completed near the close- of the-year 1899. It was admitted that the defendant…
2Cases cited6 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- Mitchum v. DunlapSupreme Court of Missouri · 1889
- Hall v. HarrisSupreme Court of Missouri · 1898
- Watson v. RaceMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brannaker v. Transamerican Freight Lines, Inc.Supreme Court of Missouri · 1968
- Hall v. Union Indemnity Co.Court of Appeals for the Eighth Circuit · 1932
- City of Springfield v. KochMissouri Court of Appeals · 1934
- Minea v. St. Louis Cooperage Co.Missouri Court of Appeals · 1913
- Hely v. HinermanSupreme Court of Missouri · 1924
2 more not listed; retrieve them via the Exa API.