Wade v. William Barr Dry Goods Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The standard of conduct required of an agent exercising discretionary powers in dealing with persons opposed in interest to his employer, is that he shall not voluntarily place himself in a position where he will he tempted not to do his best for the protection of the interests confided to him.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The standard of conduct required of an agent exercising discretionary powers in dealing with persons opposed in interest to his employer, is that he shall not voluntarily place himself in a position where he will he tempted not to do his best for the protection of the interests confided to him. The basis of this rule is not the effect of the particular act of the agent, but the tendency of acts of that character to impair the free exercise of his discretionary powers for the sole benefit of his principal. Eunau v.…
1Opinion of the CourtReynolds, P. J.
Action for damages for breach of contract of employment.
• Alleging in his petition the contract of employment of plaintiff by defendant for a term of one year to end January 1, 1909, performance by plaintiff and discharge 'without just cause before the end of the term, plaintiff demands judgment for damages sustained.
In its answer, upon which the case was tried, defendant admits the employment of plaintiff as buyer; denies that plaintiff duly performed his duties under the contract; admits he was discharged on July 11, 1908, but denies he was so discharged without just cause.. Averring that,…
2Cases cited1 opinion
- Wade v. William Barr Dry Goods Co.Missouri Court of Appeals · 1911
3Cited by3 opinions
- Fullington v. Ozark Poultry Supply Co.Supreme Court of Missouri · 1931
- Blanton v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1930
- O'Connor v. St. Louis American League Baseball Co.Missouri Court of Appeals · 1916