134 Mo. App. 717 | Mo. Ct. App. | 1909
This suit was brought before a justice of the peace on an account for merchandise sold and delivered. The statement filed shows that on October 8, 1904, plaintiff, a corporation, sold and delivered to defendant goods of the value of $120.67, and that defendant paid $60 on the account on April 1, 1905. Judgment is asked for the remainder with interest. Defendant denies that he bought the goods and received them on his own account and alleges in his answer that the written order for the goods held by plaintiff which bears his signature was fraudulently procured by plaintiff’s agent. He presents a counter-' claim of $20.25 for advances of money made by him on plaintiff’s account and for a livery bill he claims plaintiff owes him, and prays for judgment on the counterclaim. A trial in the circuit court, where the cause was heard on appeal, resulted in a verdict and judgment against plaintiff on the account and for defendant
Material facts disclosed by the evidence are as follows: Plaintiff, a New York corporation with a place of business in Chicago, was engaged in the sale of a certain kind of food for live stock. It sent an agent named Laswell to introduce the food to farmers in Andrew' county. He appeared at Savannah, the county seat, and engaged a livery team and driver of defendant, the proprietor of a livery stable, to take him among the farmers. He used the conveyance four days and succeeded in making sales to various farmers, in each instance procuring a written order which provided for the delivery of the goods at defendant’s stable in Savannah. When he returned to Savannah on the fourth day, Laswell told defendant he had a telegram, compelled him to leave at once and that jtljjg waiting to take him to the train, hibited the orders he had takeTj, tention to the provision f<¡ and requested defendant^
The foregoing statement of facts is that most favorable to defendant. There are facts and circum-J.n evidence which tend to show that defendant jvas doing when he signed the order and sated for assuming the position of |d for which Laswell produced kfor his compensation also yices for freight charges, of the case, we shall standpoint alone, contract' without |ue character, sup-that it did not |^nd pay for the manner with a Lbecause the Ifcad time.” ^business
The law applicable to this case is thoroughly discussed in the case of Manufacturing Co. v. Carle, 116 Mo. App. 581; Bank v. Hall, 129 Mo. App. 286, 108 S. W. 633, and we refer to these decisions and the authorities cited in them for a full discussion of the subject. Since there is no evidence in the record to support a reasonable inference that defendant was in the exercise of ordinary care and prudence when he signed the contract, the issue of the fraudulent procurement of the contract tendered by the pleadings was not in the case and should not have been sent to the jury as an issue of fact. Other points made by defendant are without merit.
The judgment is reversed and the cause remanded.