Meegan v. Illinois Surety Co.

• Decision Date: 21 February 1917
• Citation: 193 S.W. 899,195 Mo.App. 423
• Parties: ED MEEGAN, Respondent, v. ILLINOIS SURETY COMPANY, Appellant
• Court: Kansas Court of Appeals

193 S.W. 899

195 Mo.App. 423

ED MEEGAN, Respondent, v. ILLINOIS SURETY COMPANY, Appellant

Court of Appeals of Missouri, Kansas City

February 21, 1917

Original Opinion of February 21, 1917, Reported at: 195 Mo.App. 423.

195 Mo.App. 423 at 430.

Judgment reversed.

ELLISON, P. J. Trimble, J., concurs; Bland, J., not sitting.

OPINION ON REHEARING.

ELLISON, P. J.

A rehearing was granted in this case and it has been reargued. Our position in the foregoing opinion on the question of the statute of frauds is attacked on the ground of not being applicable to the facts. This attack is resisted by defendant. It will not be necessary to say whether, on the facts, our discussion of the statute should be withdrawn as inapplicable to the case, for the reason that since we decided that the sub-agent Bray had no implied authority to make the contract on which the action is founded, the question raised as to the statute is not necessary to a disposition of the case. Our further consideration of the question of authority of the agent, has resulted in the conclusion at which we arrived on the original hearing. The judgment will therefore be reversed. Trimble, J., concurs; Bland, J., not sitting.