Concannon v. Point Mining & Milling Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Geo. H. Williams, Judge. (1) Plaintiff’s right to recover rests upon the meaning of the clause “compensation or commission” agreed upon is fifty cents per ton, this commission to apply on all sales or shipments.
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Appeal from St. Louis City Circuit Court.—Hon. Geo. H. Williams, Judge. (1) Plaintiff’s right to recover rests upon the meaning of the clause “compensation or commission” agreed upon is fifty cents per ton, this commission to apply on all sales or shipments. Fries v. Merck, 167 N. Y. 445; Creveling v. Wood, 95 Pa. 152; State v. Boucher, 59 Wis. 477; Hamilton v. Steck, 5 N. Y. Sup. 881. (2) Where the contract is of a doubtful meaning, the construction of it by the parties, will be adopted by the court. Laing v. Holmes, 93 Mo. App. 231; Ireland v. Spickard,. 95 Mo. App. 53; St. Louis v. Gas…
1Opinion of the CourtReynolds, P. J.
Plaintiff, respondent here, was a salesman for the appellant company for the sale of barite (a mineral commonly and commercially called barites), in certain territory named, including Missouri, the contract of agency being for a term of three years, commencing July 1, 1904, the defendant’s works and principal office being located at Mineral Point, Washington county, this state. The only clauses of the contract here involved and necessary to notice are as follows :
“Compensation or commission agreed upon is fifty cents per ton, this' commission to apply on all sales or shipments made in the…
2Cases cited3 opinions
- Green v. ColeSupreme Court of Missouri · 1890
- Brown v. SmithMissouri Court of Appeals · 1905
- Hudson v. RodgersMissouri Court of Appeals · 1906
3Cited by4 opinions
- Hunt v. S Y Cattle Co.Montana Supreme Court · 1926
- Southern Railway Co. v. Huntsville Lumber Co.Supreme Court of Alabama · 1914
- Byrd v. Frank B. Wilson TrustMissouri Court of Appeals · 2006
- Gale v. J. Kennard & Sons Carpet Co.Missouri Court of Appeals · 1914