Legal Opinion

Nash v. Kerr Murray Manufacturing Co.

Missouri Court of Appeals

Decided October 26, 1885PublishedCited by 3 opinions

Appeal from Biiclianaii Circuit Court, Hon. Joseph P. GtRubb, Judge. The facts are stated in the opinion. I. Plaintiff acted as the agent of defendant in-procnring the contract for budding the gas works and was entitled to his percentage of five per cent. And it can make no difference whether he was originally constituted the agent before his services, or whether his acts were ratified by defendant afterwards.

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Appeal from Biiclianaii Circuit Court, Hon. Joseph P. GtRubb, Judge. The facts are stated in the opinion. I. Plaintiff acted as the agent of defendant in-procnring the contract for budding the gas works and was entitled to his percentage of five per cent. And it can make no difference whether he was originally constituted the agent before his services, or whether his acts were ratified by defendant afterwards. Buggies v. Washington Go., 3 Mo. 496; Jefferson Gity Savings Ass’n v. Morrison, 48 Mo. 273 ; Norton v. Ball, 43 Mo. 113 ; Story on Agency, sect. 45s, 253-260. II. The letter of…

1Opinion of the CourtPhilips, P. J.

This is an action in assumpsit instituted by appellant against respon lent to recover the sum of one hundred and fifty dollars, which the plaintiff claims the defendant promised to pay him in consideration of procuring for it a contract to erect gas works for the lunatic asylum at Osawatomie, Kansas.

The plaintiff’s evidence tended to show, that irt f:m spring of 1881 the board of commissioners, or trustees, uf said asylum desired to erect gas works for this insti*4tution. The plaintiff, who was engaged in such business at the city of St. Joseph, Mo., visited Osawatomie with a view of making a…

2Cited by3 opinions

  1. Cobb v. HoustonMissouri Court of Appeals · 1906
  2. W. W. Tracy v. BuchananMissouri Court of Appeals · 1912
  3. Reames v. Jones Dry Goods Co.Missouri Court of Appeals · 1903

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