Western Cement Co. v. Jones
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. An insane person is bound by contracts made by or for him, unless advantage was taken of his infirmity. — Add. on Con. (2d Am. ed.) 90. The guardian consented, and that is all the statute required. — 1 Wag.
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Appeal from the St. Louis Circuit Court. An insane person is bound by contracts made by or for him, unless advantage was taken of his infirmity. — Add. on Con. (2d Am. ed.) 90. The guardian consented, and that is all the statute required. — 1 Wag. Stats. 715, sect. 32. Where a person assumes to act for or in behalf of another without authority, an action can be maintained on the contract against the person improperly acting as agent. — Green’s Brice’s Ultra Vires, 633, *635 ; Byars v. Doores, 20 Mo. 284 ; Lapsley v. McKinstry, 38 Mo. 247 ; Blakely v. Bennecke, 59 Mo. 193 ; Wright v. Baldwin,…
1Opinion of the CourtHayden, J.
This is a suit on an open account to recover the price of cement delivered. Locke, one of the defendants, who had been in the habit of buying cement from the plaintiff, was duly adjudged insane, and the defendant Jones qualified as his guardian and continued to carry on his business, making profits for which he accounted in the Probate Court. In 1876, the plaintiff, at the request of Jones, who to plaintiff’s knowledge was acting for the estate and as guardian only, delivered the cement to Jones, who used it for the. estate. Afterwards Jones, who is here sued individually, resigned his…
2Cases cited6 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Mott v. HicksNew York Supreme Court · 1823
- Meech v. SmithNew York Supreme Court · 1831
- Walker v. . the Bank of the State of New-YorkNew York Court of Appeals · 1854
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3Cited by9 opinions
- Knickerbocker v. WilcoxMichigan Supreme Court · 1890
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- McReavy v. EshelmanWashington Supreme Court · 1892
- Farmers & Merchants State Bank v. Estate of RatliffMissouri Court of Appeals · 1927
- Michael v. JonesSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.