Smith v. O'Bryant
| Decision Date | 10 December 1915 |
| Docket Number | No. 1482.,1482. |
| Parties | SMITH v. O'BRYANT. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Greene County; A. A. Johnson, Judge.
Action by C. C. Smith against W. L. O'Bryant. From a judgment for plaintiff, defendant appeals. Affirmed.
Hamlin, Stockard & Hamlin, of Springfield, for appellant. Fred Stewart and J. S. Clarke, both of Ava, for respondent.
Plaintiff sued on an account stated for $242.50 and in assumpsit for $44.15 in the circuit court of Douglas county. Upon the application of the defendant for a change of venue, the case was sent to Greene county, where, as the result of a jury trial, the plaintiff obtained a verdict for the full amount, and the defendant has appealed. The only question raised here is as to proof of agency.
Briefly the facts are that, some time before the transaction upon which this case is based, the plaintiff had been manufacturing for the defendant lumber in Douglas county from timber there owned by the defendant. The plaintiff moved his sawmill away from this place, and thereafter, in the early part of 1912, the defendant called upon the plaintiff to ascertain if he could engage the plaintiff to cut the remainder of the timber. On the next day they met, contracted, and agreed upon the price. At that time a man by the name of Low was living on the land where the timber was to be cut and sawed. After the amount of timber had been sawed which the account stated covers, the plaintiff met the defendant, who was then only temporarily in that neighborhood, and asked him about the payment of the amount then due. The defendant inquired as to the amount, and plaintiff told him that it was something like $300, when the defendant remarked that he would see Low that night or the next morning and settle with plaintiff, but instead of returning to see plaintiff he left the neighborhood, and thereafter Low and plaintiff entered into a written statement to the effect that $242.50 was due plaintiff. Testimony was offered, over the objection of the defendant, that at the time this written statement was signed Low stated that he was signing it for the defendant. The plaintiff also testified that at the time he made the contract with the defendant to do this work, the defendant stated that he was going to have Low do some work for him, and when plaintiff was asked that if when the contract of settlement was signed by Low he understood that Low was representing "himself" or ...
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