Bronson v. Weber Implement Co.

• Decision Date: 09 February 1909
• Citation: 116 S.W. 20,135 Mo. App. 483
• Parties: BRONSON v. WEBER IMPLEMENT CO.
• Court: Missouri Court of Appeals

116 S.W. 20

135 Mo. App. 483

BRONSON v. WEBER IMPLEMENT CO.

St. Louis Court of Appeals. Missouri.

February 9, 1909.

1. SALES (§ 23) — ACCEPTANCE — NECESSITY.

Where an order for machinery provided that it was taken subject to the seller's approval, and that it was recommended for acceptance by its agent, and contained blanks for the seller's acceptance, there was no contract where the seller did not accept the order.

2. PRINCIPAL AND AGENT (§ 148) — UNAUTHORIZED ACTS OF AGENT — NOTICE OF EXTENT OF AUTHORITY.

Where an order for machinery showed on its face that the authority of the seller's agent was limited to recommending its acceptance, statements of the agent before signing the order could not vary the effect of the order so as to make it a binding contract without acceptance.

Appeal from Circuit Court, Lewis County; Chas. D. Stewart, Judge.

Action by H. H. Bronson against the Weber Implement Company. From a judgment for plaintiff, defendant appeals. Reversed.

Clay & Johnson, for appellant. Walter Hilbert, Marchand & Rouse, and E. R. McKee, for respondent.

GOODE, J.

On October 17, 1906, respondent gave appellant, through its agent, C. W. Gray, an order for a 12-roll Milwaukee husker and shredder. The order was in a writing signed by respondent, and was of the following tenor, omitting certain unimportant words with blanks between them intended to be filled with the designations of other machines, if others were ordered, and with the post office addresses of buyers, if more than one gave the order:

Machine Order.

The original of this order to be forwarded to Weber Implement Co., St. Louis Mo., and is taken subject to its approval.

                                   Original.   10-17-1906
                      (State whether original or duplicate.)
                

Weber Implement Company, St. Louis, Mo. Please furnish and ship the undersigned on account of Weber Implement Company, St. Louis, Mo., in the care of C. W. Gray, Agent at Moberly, Mo., by the route you think best and cheapest, on or about ____, if practicable, to Lewiston, Mo., at once, the following machinery: 12-roll Milwaukee Husker & Shredder complete, St. Louis or factory, if the factory freight does not exceed more than St. Louis....

In consideration whereof, the undersigned agrees to receive the same on its arrival, pay in cash the freight and charges thereon from St. Louis, and also agrees to load on cars immediately on receipt of goods purchased, any second-hand machinery which may be taken on trade, complete with all fixtures, tools, trimmings and parts, and failing to do this, agrees to pay Weber Implement Company, St. Louis, Mo., the full list price of said machinery or parts on or before November 1st, 190_, and also agrees to pay at the time and place of delivery, or at St. Louis, Mo., at the option of the said Weber Implement Company, the sum of two hundred dollars, as follows, and one 28x 48 Avery Separator, No. 1,272, complete with feeder, weigher and windstacker and Rumley Double Saw Mill, with 52-9x9, Eng. 30x9x10. One log wagon complete, one shingle machine with two saws, two small belts all complete, 1 countershaft 9"x50" Roube. Note for $100, due January 1, 1907.

Note for $100, due January 1, 1908, without Int. if paid Jan. 1, 1907. Said note to be made payable to the Weber Implement Company and draw interest at six per cent. per annum, with approved security as below, and having on the back of each the property statements as...