Wilson v. Standard Operating Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkms Judge. Neither Patton, by virtue of his position as manager, nor Dodge by virtue of his position as vice-president of the company, were authorized tjo employ brokers to sell the mine which was the entire property of the corporation. Hyde v. Larkin, 35 Mo. App. 365; Winsor v. Bank, 18 Mo. App. 665; Barcus v. Railroad, 26 Mo. 102; State ex rel. v. Lockett, 54 Mo.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkms Judge. Neither Patton, by virtue of his position as manager, nor Dodge by virtue of his position as vice-president of the company, were authorized tjo employ brokers to sell the mine which was the entire property of the corporation. Hyde v. Larkin, 35 Mo. App. 365; Winsor v. Bank, 18 Mo. App. 665; Barcus v. Railroad, 26 Mo. 102; State ex rel. v. Lockett, 54 Mo. App. 202; Hill v. Mining Co., 119 Mo. 9; State ex rel. v. Wray, 55 Mo. App. 646. (1) The appellant in his statement says: “The appellant seeks a reversal of this judgment for the…
1Opinion of the CourtEllison, J.
This action was brought to recover from defendant a commission for the sale of certain mining interests and mining plant. The plaintiff recovered in the trial court.
Defendant is a corporation and bases its claim for a reversal of the judgment on the ground that there was no authority in defendant’s agents or officers to employ plaintiff to-negotiate a sale of the property aforesaid. The plaintiff meets, this point on the ground that no such issue was tried, nor was such issue raised in the circuit court. If this be true we must refuse to consider it here. Sec. 864, R. S. 189-9; Pattison v.…
2Cases cited6 opinions
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- Witascheck v. GlassMissouri Court of Appeals · 1891
- M. H. Pattison & Son v. LettonMissouri Court of Appeals · 1894
- Mantz v. MaguireMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Bridewell v. CockrellMissouri Court of Appeals · 1906
- Lucas v. CellaMissouri Court of Appeals · 1905