72 Mo. App. 598 | Mo. Ct. App. | 1897
This action is for the reasonable value
of printing certain proceedings alleged in the first count of the petition to have been done under a contract with defendant, through its agent, and in the second count of the petition to have been done under a contract made by one purporting to act as defendant’s agent" which was subsequently ratified by defendant. The answer is a general denial. Plaintiff had judgment for $406.44, from which defendant appealed.
The first question for review is, did the court err in submitting the case to the jury? The evidence tends to show that plaintiff is a printer; that on July 11, 1894, he was requested by one Stuart to make a bid for printing certain convention proceedings of the defendant association; that plaintiff on the same day mailed a bid for such work addressed to defendant; that about one or two weeks thereafter Stuart returned to plaintiff, exhibited the said bill, and stated that it was accepted. On the seventeenth of July, 1894, defendant entered into a written contract with said Stuart, whereby he personally engaged to do the printing of its convention without expense to it.
Defendant’s president and secretary testified that they did not receive the bid of plaintiff; plaintiff began work and furnished copy for correction to defendant, which was returned with defendant’s indorsement. During the progress of the work, and when it was about half done, plaintiff was informed by Stuart that defendant’s contract had been made with him personally, and that he had turned over securities for. its performance in the way of advertisements which he was privileged to take under his contract. Thereupon plaintiff wrote November 1, 1894, inquiring of defend
“St. Louis, December 8th, 1894.
“Hesse Printing Go., City:
“Gentlemen: — We are of the opinion that you are not prosecuting the work of getting out our proceedings with the rapidity which should mark your efforts, andas this is a matter of the utmost importance to this association, and as the National Board of Directors meet in monthly session this afternoon, we desire to have some definite guarantee from you as to when you propose to have this work completed. The copy is in your hands, and has been for some time, and the fact that a delay was occasioned two or three months ago has nothing to do with publishing the matter at the present time. We understand perfectly well that men have been taken off this work and put on other work in your office since you have been in possession of all the necessary material to push the work to completion. At their meeting this afternoon the Board of Directors desire to know something definite in regard to this matter. And I wish to further state*602 that unless this work • can be completed by the 20th of this month, I shall recommend to the National Board that an order to discontinue the work be issued at once. An immediate reply will greatly oblige,
“Respectfully yours,
“Louis T. LaBeaume, Nat’l Sec’y.”