Reinhart Grocery Co. v. Knuckles
Missouri Court of Appeals
Appeal from Reynolds Circuit Court. — Hon. E. M. Bearing, Judge. (1) All sales by an agent appointed generally to •sell must be for a consideration in money and such agent cannot bind Ms principal by receiving payment in bonds, notes or other paper. 1 Am. & Eng.
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Appeal from Reynolds Circuit Court. — Hon. E. M. Bearing, Judge. (1) All sales by an agent appointed generally to •sell must be for a consideration in money and such agent cannot bind Ms principal by receiving payment in bonds, notes or other paper. 1 Am. & Eng. Ency. •of Law, p. 1003; Brown v. Smith, 67 N. Car. 245; Buck-waiter v. Craig, 55 Mo. 71; Wheeler & Wilson v. Givan, 65 Mo. 94. (2) Parties dealing with an agent are put upon their guard by the fact that they know he is an agent and they do so at their own risk. They cannot rely on the agent’s assumption of authority. 1 Am. & Eng.…
1Opinion of the CourtAllen, J.
This is a suit by plaintiff, appellant here, for a balance of $144.67, claimed to be due on an open account for groceries sold by plaintiff to defendant. Plaintiff is engaged in the wholesale grocery business in the city of St. Louis, and the defendant is a retailer at Dragonia, Reynolds county, Missouri. The cause originated before a justice of the peace, where there was judgment for defendant, and the plaintiff in due time appealed to the circuit court of Reynolds county.
The defendant in his answer admitted the correctness of the account sued upon, except that defendant claimed.that he was…
2Cases cited3 opinions
- Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
- Buckwalter v. CraigSupreme Court of Missouri · 1874
- Reinhart Grocery Co. v. PowellMissouri Court of Appeals · 1911
3Cited by1 opinion
- Miller v. Peoples Saving BankMissouri Court of Appeals · 1916