McGinness v. Mitchell
Missouri Court of Appeals
Appeal from tie St. Louis Circuit Court, Amos M. Thayer, Judge. Agents can not delegate to third parties the powers conferred on them by their principals. Paul v. Edioards, 1 Mo. 30; Brown v. Insurance do., 45 Mo. 221; Essv. Truscott, 2 Mees. & W. 385; MeOlure v. Insurance Co., 4 Mo.
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Appeal from tie St. Louis Circuit Court, Amos M. Thayer, Judge. Agents can not delegate to third parties the powers conferred on them by their principals. Paul v. Edioards, 1 Mo. 30; Brown v. Insurance do., 45 Mo. 221; Essv. Truscott, 2 Mees. & W. 385; MeOlure v. Insurance Co., 4 Mo. App. 148. Where the power of an agent to bind the principal is conferred by a contract with a third party, and the contract prescribes the mode and manner of proceeding, the principal is not bound by any act of the agent that is not done in such mode and manner. Mechanic’ s Bank v. Schaumburg, 38 Mo. 228; The…
1Opinion of the CourtLewis, P. J.
The defendants were owners of a business building ■on Third, between Pine and Olive streets, in the city of. St. Louis, and contracted with Rude & Luke for. improving the same by extensive alterations and additions. The plaintiffs became sub-contractors for the painting and glazing. A considerable quantity of the same sort of work was done by the plaintiffs outside of that embraced in the contract with Rude & Luke, and for this extra work the present suit is brought, to enforce a mechanic’s lien against the property. The cause was sent to a referee, who reported in favor of the plaintiffs,…
2Cited by4 opinions
- Singer Manufacturing Co. v. GivensMissouri Court of Appeals · 1889
- Hoppe v. SaylorMissouri Court of Appeals · 1893
- Bates v. HolladayMissouri Court of Appeals · 1888
- Roth v. HoffmanMissouri Court of Appeals · 1938