Peck v. Ritchey
Supreme Court of Missouri
Appeal from (jfreene Circuit Court. — Hon. V. jB1. Geiger, Judge. * This was a suit for the price of building materials alleged to have been sold, shipped and delivered by plaintiffs to defendant.
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Appeal from (jfreene Circuit Court. — Hon. V. jB1. Geiger, Judge. * This was a suit for the price of building materials alleged to have been sold, shipped and delivered by plaintiffs to defendant. The 5th, 6th, 10th, 12th and 14th instructions given by the circuit court, at the instance of plaintiffs, and which this court, in the opinion, declares should have been refused, are as follows: 5. The court instructs the jury that where goods are shipped to a person, in his name and to his address, when he is informed or learns that such goods or property is there for him and subject to hi| order,…
1Opinion of the CourtHenry, J.
— The defendant was liable in this action, if at all, upon the ground that James S. Barton was his agent in the purchase of the materials, or, else, that having been purchased for him by Barton, without any authority previously given by defendant, the defendant subsequently ratified the act.
i. principad and deciaratic^ns11^ aseut
That the declarations of a person, who assumed to act as agent of another, are not admissible to establish the agency is well settled; but it is equally well settled, that after the party alleging the agency has made a prima facie case of agency against the principal,…
2Cited by37 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Barz v. Fleischmann Yeast Co.Supreme Court of Missouri · 1925
- Fielder v. Production Credit AssociationMissouri Court of Appeals · 1968
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