Stenson v. Lancaster
| Decision Date | 06 April 1914 |
| Citation | 165 S.W. 1158,178 Mo.App. 340 |
| Parties | PEARL STENSON, Respondent, v. SYLVIA LANCASTER, Appellant |
| Court | Kansas Court of Appeals |
Appeal from Linn Circuit Court.--Hon. Fred Lamb, Judge.
REVERSED AND REMANDED.
Reversed and remanded.
C. M Kendrick for appellant.
Bresnehen & West and Ben L. White for respondent.
--Plaintiff's action is replevin begun in the circuit court of Linn county for the possession of an automobile. She recovered judgment in that court.
Much of plaintiff's statement of the case is a fair history of the way in which this controversy arose and we reproduce it substantially:
Sometime in the summer of 1912 "The Marceline Mirror," a weekly newspaper then published in Marceline, Missouri, for the purpose of increasing its circulation, inaugurated what was commonly known as an "Automobile Contest," in which a Ford Runabout was to be given to the young lady who should get the most votes on the proposition of being the "Most Popular Young Lady in the Community."
This Ford Runabout was known as the "First Prize." There was also a "Second Prize," it being a diamond ring then too, there was a "Special Prize," it being also a diamond ring.
The "First Prize" was to be given to the young lady who secured the largest number of votes during the entire contest on the proposition of being the "Most Popular Young Lady in the Community;" the "Second Prize" was to be given to the young lady who secured the second largest number of votes on the same proposition; and the "Third Prize" was to be given to the young lady who secured the largest number of votes on said proposition during a particular week of the contest. The votes were to be determined by the number of subscriptions for the "Marceline Mirror" turned in by each contestant, each subscription entitling the contestant to so many votes. Among those entering in this contest were the plaintiff, Miss Pearl Stenson, a young lady about seventeen years of age; the defendant, Mrs. Sylvia Lancaster, a young married woman; and Miss Geneva Roe, another young lady of the community. From the opening of the contest until its close, Mr. Sven Stenson, father of the plaintiff, took an active interest in behalf of his daughter's candidacy; and Mr. Glenn Lancaster, husband of defendant, took an equally active interest in behalf of the candidacy of his wife. Each worked for his own candidate. As the contest progressed it grew in interest and excitement until it became evident that plaintiff and defendant led all others and this continued until the evening of the last day. Both plaintiff and defendant were hopeful, yet each feared the other might win; and during all this time their advocates did not cease their activities in behalf of their respective candidates, Mr. Glenn Lancaster with others urging the interests of his wife, and Mr. Sven Stenson doing the same in behalf of his daughter.
Sometime in the afternoon of Sept. 14, 1912, before the contest was to close at 9:30 that evening, defendant's husband went to plaintiff's father and proceeded to open negotiations looking to an understanding between the contestants, as to which one of them should get the automobile. Among other things he pointed out to Mr. Stenson that it would be foolish for either contestant to put any more money into the contest, and that evening, just a few minutes before the contest was to close, Mr. Lancaster again went to Mr. Stenson and said to him, "Mr. Stenson, that contest is about to be closed now and please don't go and put that money into them fellows' hand, to get them to blow it in; leave it here in town." Stenson asked, "How am I going to do it? " Lancaster answered, "Give it to us just as we proposed a while back." Stenson inquired, "What is your proposition?" Lancaster answered, Stenson answered, "I will take $ 250, and that is the least I will take to withdraw from the contest." Lancaster said, "You must be awfully sure about getting it." Stenson replied, "Yes, I am, I think we will win." Lancaster answered, "We are just as equally sure, but what will you give us to withdraw?" Stenson said, "Well, I'll tell you what I'll do, I will give you $ 150, if you will withdraw from the contest." Lancaster said, "No sir, I will tell you what I will do, I will take $ 200." Stenson answered, "No, I won't give you that," and then continued. "Supposing somebody else, a third party might jump in there and get it?" Lancaster answered, "Oh, the third party is Geneva Roe, she is too far behind." Stenson then said, "Supposing Mr. Roe goes down there and puts in $ 300 or maybe more, that would be a cheap automobile for him to buy anyway." Lancaster replied, "Oh there is no danger of that." Stenson then said, "I will tell you what I will do, that is my last proposition, I will give you my check for $ 175 if you will withdraw from the contest under this agreement--that if Geneva Roe or her father should jump in and get it, that you will return $ 75 so that I would only be a loser of $ 100." Lancaster said, "All right, I'll do that." Mr. Stenson then drew his check on the First National Bank of Marceline to Mr. Lancaster for the sum of $ 175 and Mr. Lancaster accepted the check and started out (they were in Mr. Stenson's place of business) but Mr. Stenson said, "Hold on here, we have got to have this in black and white." Lancaster inquired, "Can't you depend on my word?" Stenson answered," Yes, but on an occasion like this, it is best to have it in black and white." Lancaster then said, "Well, write out any dog-gone thing you like and I'll sign it." Mr. Stenson then told him that he (Stenson) was not much of a scholar but that he would do the best he could. He then wrote what he thought would be sufficient, and Lancaster said, "Give me a pen." Stenson replied, "Hold on, your wife has got to sign that because she is the contestant.' Lancaster asked Stenson replied, "That may be true, but it is best to have her signature." Lancaster then said, "Well, I can't get her down in time." Stenson then asked, "Do you think it would be all right with her?" Lancaster answered "Yes," and continued, "Yes sir, if she were here she would sign it all right." Stenson then replied, "All right, you get her." Lancaster answered, "I won't have time, I'll sign her name for her, that will be all right won't it?" Stenson assented that he thought it would, saying, "Yes, that will be all right?" Then Mr. Lancaster signed the name of his wife (defendant) to the writing that Mr. Stenson had just prepared.
Mr. Lancaster then said to Mr. Stenson "I have got a few more subscriptions here I was aiming to turn in, but being I have sold out, you might as well take them and turn them in and save me the trouble." Stenson replied, "All right, I guess I can do that, but let's see how many you have got." Lancaster then stated that he had subscriptions amounting to $ 17 and proceeded to write Mr. Stenson a check for said sum of $ 17 for the subscriptions in place of the money he had collected for them. Mr. Stenson then went and turned in the subscriptions for his daughter and accounted to the managers of the contest for the $ 17.
The writing above mentioned which Mr. Lancaster signed for his wife was in words and...
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