Hoover, Rhodes & Co. v. Pacific Oil Co.
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. Statement of the case by the court. Plaintiffs brought suit against the defendant for certain rents then alleged to be due on a written contract of lease, alleged to have been entered into in February, 1886, for the period of one year. Plaintiffs recovered in the circuit court, and defendant appealed.
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Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. Statement of the case by the court. Plaintiffs brought suit against the defendant for certain rents then alleged to be due on a written contract of lease, alleged to have been entered into in February, 1886, for the period of one year. Plaintiffs recovered in the circuit court, and defendant appealed. Defendant, Pacific Oil Company, it seems, was conducting a business at St. Louis, and engaged one T. N. Shepard to go to Kansas City and sell its goods. The secretary of the oil company, with that view, entered into verbal…
1Per curiam
The controlling question for decision here is this : Can the agent bind his principal by entering into a written lease of real estate, unless the authority therefor be in writing ? The agent, who executed the lease in controversy, not having authority in writing, by the literal terms of section 2509, Revised Statutes, 1879 (considered alone), the estate created by the renting was an estate at will only. The statute *323thus making the estate merely one at will leaves it, however, with all the common-law incidents of such estates, among which is its convertibility into an estate from year to year,…
2Cases cited10 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Kerr v. ClarkSupreme Court of Missouri · 1853
- Judd v. ArnoldSupreme Court of Minnesota · 1884
- Porter v. BleilerNew York Supreme Court · 1853
- Ridgely v. StillwellSupreme Court of Missouri · 1857
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3Cited by10 opinions
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Welsh v. Ferd Heim Brewing Co.Missouri Court of Appeals · 1892
- Midland Realty Company v. ManzellaMissouri Court of Appeals · 1957
- Lindhorst v. St. Louis Protestant Orphan AsylumSupreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.