Missouri Tent & Awning Co. v. Legg
Missouri Tent & Awning Co. v. Legg
Opinion of the Court
This action is for the sale and delivery of “ten set frame covers or tents,” alleged to have been made to defendant for the agreed price of $874.
The answer was a general denial, coupled with a special defense that the contract sued on was made between plaintiff and a corporation known as the “World’s'Fair Protective and Entertainment Association;” and that, in making the same, defendant acted as president of the J. B. Legg Architectural Company, which latter corporation was the agent of the former.
There was evidence tending to prove the allegations of the petition, and also evidence tending to support the special defense set up in the answer. The jury returned a verdict for the defendant, from which plaintiff appealed.
The first assignment of error is predicated upon the personal liability, for his contract, of the agent of an undisclosed principal. This rule of law is well settled, but can not be successfully invoked by appellant, since the evidence in this record is conflicting as to whether the contract was made with a known principal through respondent as agent, or exclusively with respondent. That issue was fully covered in two instructions given at appellant’s request. The finding of the jury thereon was supported by substantial evidence, and is not reviewable on appeal.
Nor are we able to sustain the objection of appellant to the instructions given for defendant. The instructions were based upon the evidence, embrace the issues on trial, and declare the law correctly upon the facts supposed, and, taken as a whole, are not subject to criticism.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.