64 Mo. App. 377 | Mo. Ct. App. | 1896
This action is to enforce a mechanic’s lien for lumber furnished to defendants, Force & Snider, and used by them as contractors in the construction of an amphitheater for the other defendant, the Driving Park Association. The association paid Force & Snider what was due them as contractors. Judgment below was against the plaintiff, as to the mechanics’ lien, and plaintiff appeals.
The association claims, and the evidence sustains the claim, that it refused to pay Force & Snider until the latter had settled their lumber account with the plaintiff. That thereupon Force & Snider said' they would do so and afterwards informed the general manager of the association that they had done so; that they had paid one Sublette, who, the manager knew,
But plaintiff contends that Sublette was a mere collecting agent and, as such, had no authority to bind them by the statement which he made to the general manager. We are of the opinion that, considering the relation which these parties bore to one another, and the association’s right to protect itself against a lien by plaintiff, the association had a right to rely upon the statement of the agent that the payment had been made to him.
Plaintiff further contends that the association knew when it paid Force & Snider that the latter had paid plaintiff by check, and that payment by check, in absence of a special agreement to that effect, was not a payment, if the check was dishonored. There was evidence which showed that the auditor of the association knew that the payment to plaintiff was by check, but this information was not conveyed to the general manager whose business it was to pay the claim. There
Upon the whole case we are of the opinion that the jury was properly instructed and that the verdict was for the right party.- It will accordingly be affirmed.