Mullaney v. McReynolds
Missouri Court of Appeals
Appeal from Jasper Circuit Court. División Number Two. — Hon. David- E. Blair, Judge. (1) Where an agent, without written authority, executes a written lease to lands for a term of more than one year, and his principal thereafter accepts rents, and the lessee is put in possession of the premises, the acceptance of rents by the principal constitutes a ratification, and the principal thereafter cannot invoke the Statute of Frauds to deny the authority pf his agent to execute…
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Appeal from Jasper Circuit Court. División Number Two. — Hon. David- E. Blair, Judge. (1) Where an agent, without written authority, executes a written lease to lands for a term of more than one year, and his principal thereafter accepts rents, and the lessee is put in possession of the premises, the acceptance of rents by the principal constitutes a ratification, and the principal thereafter cannot invoke the Statute of Frauds to deny the authority pf his agent to execute such lease. Bless y. Jenkins, 129 Mo. 647; Orr v. McCurdy, 34 Mo. App. 418. (2) Any act of the lessor, done with…
1Opinion of the Court
STURGIS, J. —
The plaintiff. brought this suit in ejectment for the possession of certain lands in Jasper county, Missouri, predicating his title and right *411to possession on a lease from tlie defendant Lncinda Murray, the owner of the land. The defendant Mc-Reynolds filed answer admitting possession and justifying such possession on a later lease from the same owner. The answer of Lucinda Murray is a general denial, together with a plea that the alleged lease to the plaintiff purports to be for a term of five years; and, not having been signed by her or her agent thereto lawfully authorized in…
2Cases cited8 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Huling v. RollMissouri Court of Appeals · 1891
- Churchill v. LammersMissouri Court of Appeals · 1895
- Fry v. PatridgeIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cannon v. FreyermuthCourt of Appeals of Texas · 1928
- Blanke Bro. Realty Co. v. American Surety Co.Supreme Court of Missouri · 1923
- Waring v. RogersMissouri Court of Appeals · 1956
- Edwards v. CollinsMissouri Court of Appeals · 1917
- Sitzes v. RaidtMissouri Court of Appeals · 1960
2 more not listed; retrieve them via the Exa API.