Lammers v. White Sewing Machine Co.
Lammers v. White Sewing Machine Co.
Opinion of the Court
This suit was originally brought in justice5 s court, where the plaintiff below, the appellee here, had judgment.
An appeal was taken to the circuit court, where judgment upon the verdict of the jury, again went for the plaintiff.
The suit was upon the following order:
“Kansas City, Jan. 9, 1884.
“J. Gr. Crompton, Agent White ¡Sewing Machine Co.
“ Please pay to Lamars & Howe, thiity dollars out of our commission account for the month of February 1, 1884.
“Bobinson & Daniels.”
This order was endorsed across the face as follows: “Accepted. J. Gf. Crompton, Manager Betail Dept.”
The evidence showed that, “1st” was interlined in the above order, after the word February, without the knowledge or consent of Crompton, who had accepted it, but with the knowledge of plaintiff.
This was such an alteration as rendered the acceptance void, unless, with knowledge thereof, it was after-wards ratified. Haskell v. Champion, 31 Mo. 186 ; Evans v. Foreman, 60 Mo. 449 ; Moore v. Hutchinson, 69 Mo. 429 ; First Nat. Bk. v. Fricke, 75 Mo. 170; Hord v. Laubman, 79 Mo. 101.
The trial court gave an instruction embodying this rule of law, but defendant claims there was no evidence tending to show a ratification, and, therefore, the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.