[Download] "Dierks & Sons Lumber Company v. Keith" by Kansas City District Court of Appeals of Missouri # eBook PDF Kindle ePub Free

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eBook details

• Title: Dierks & Sons Lumber Company v. Keith
• Author : Kansas City District Court of Appeals of Missouri
• Release Date : January 06, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiff is a corporation engaged in the manufacture and sale of prefabricated houses. It sold such a house for erection at 207 Morningside Terrace, Richmond, Missouri, at an agreed price of $7,250.16, and, when the account went unpaid, brought this action to impress a materialman's lien on the premises. Although there are a number of defendants with peripheral interests in the litigation, our principal concern is with but two of them, the Morrises, since it is conceded that the controlling issue is whether Mrs. Morris ""had constituted her husband her agent, to act for her as well as for himself, in his dealings relating to the erection of the house upon their jointly owned property."" It is not contended that the alleged agency was an express one. On the contrary, plaintiff's position is that it arose by implication of law, or, to the same end, that it existed in legal effect by reason of Mrs. Morris's estoppel to deny it, or by reason of her ratification of her husband's acts. The trial Judge, to whom the cause was submitted without a jury, ruled that issue adversely to plaintiff. We have reviewed the record in conformity with Civil Rule 73.01(d) and have concluded that the alleged agency, if it ever existed in fact or in legal effect, must depend for its proof on the following circumstances. Defendant Keith Morris had for some time been engaged as a ""contractor"" in the business of acquiring unimproved lots and erecting prefabricated homes thereon for resale. Mrs. Morris's occupation was described simply as ""housewife"". She had no investment in her husband's business and no role in its management, so far as the record discloses.

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