Weide v. Carlisle Commission Co.
Weide v. Carlisle Commission Co.
Opinion of the Court
The opinion of the court was delivered by
This is an action to recover for services under a written contract of employment to purchase hay. The trial was to the court. The plaintiffs prevailed and the defendant appealed and contends that the judgment is contrary to the evidence and the law.
The defendant, a commission firm dealing in hay at Kansas City, in June, 1918, employed plaintiffs, residing in Woodson county, to purchase hay to be shipped defendant by a written contract of employment which provided that all prices and terms were to be dictated by defendant, the plaintiffs to make the purchases, perform certain prescribed duties about inspecting, grading, getting cars, loading, etc., and to receive for their services fifty cents per ton for the hay so purchased. The payments were to be made as the hay was shipped. Under this employment plaintiffs, during the summer and fall of 1918, bought and shipped a large quantity of hay for defendant, which it received and paid for. The business apparently was being conducted satisfactorily to both parties, who conferred with each other by letter or telephone almost daily. Among the purchases made was a purchase made in August of 2,000 tons from Cantrell. This purchase was reported to defendant and confirmed by him. In November, after about 1,500 tons of the Cantrell hay had been shipped, defendant represented to plaintiffs that this hay
Case-law data current through December 31, 2025. Source: CourtListener bulk data.