Massey v. Butts
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis. —Hon, Thomas.L. Anderson, Judge, (1) When the contract, signed by defendants, per Hobbs, their agent, on April 21, 1909, and signed by Massey on April 24, 1909, was executed by the parties, neither defendants nor Hobbs were the agents of the owner, Young.
Read the full summary
Appeal from tlie Circuit Court of the City of St. Louis. —Hon, Thomas.L. Anderson, Judge, (1) When the contract, signed by defendants, per Hobbs, their agent, on April 21, 1909, and signed by Massey on April 24, 1909, was executed by the parties, neither defendants nor Hobbs were the agents of the owner, Young. Under section 2783, Revised Statutes of Missouri, 1909 (the Statute, of Frauds), it is provided that “No contract for the sale of lands made by an agent .shall be binding upon the principal, unless such agent is authorized in writing to make said contract.” Since this is the law…
1Opinion of the CourtAllen, J.
This is an action prosecuted by the administratrix of the estate of Robert D. Massey, deceased, to recover of defendants the sum of $1000, as> for money had and received. The trial below, before the court without a jury, a jury having been waived, resulted in a judgment for defendants, and the case is here on plaintiff’s appeal.
The defendants are real estate brokers in the City of St. Louis, constituting a co-partnership doing business as the Butts Realty Company; and at the time here involved one Hobbs was an employee of defendants. The record shows that Robert D. Massey was a resident of…
2Cases cited3 opinions
- Curtis v. SextonMissouri Court of Appeals · 1910
- Martin v. AllenMissouri Court of Appeals · 1907
- Coble v. DenisenMissouri Court of Appeals · 1910
3Cited by7 opinions
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- Western Enterprises, Inc. v. Robo-Sales, Inc.Colorado Court of Appeals · 1970
- Hellrung v. HoechstSupreme Court of Missouri · 1964
- Bextermueller v. BuskenMissouri Court of Appeals · 1964
- In Re First Nat. Bank of AdrianMissouri Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.