Harry S. Truman, Final Exam in Agency, Kansas City School of Law

NATIONAL ARCHIVES AND RECORDS SERVICE" FINAL EXAMINATION IN AGENCY KANSAS CITY SCHOOL OF LAW May 23, 1924. Hon. A. L. Berger Mr. Homer A. Cope Mr. Stanley Bassett I R. makes a written contract with L authorizing him to sell some real estate, L being unable to procure a purchaser and desiring the real estate as a factory site for a company of his own, buys the real es- tate, but has the contract made in the name of a straw man so that R does not know that his agent L is buying the property. The price given for the property is reasonable and is the amount for which R agreed to sell, but upon finding out that his agent is the real purchaser, R re- fuses to go ahead with the contract. Can he be made to do so? State reasons briefly. II Jones, at the request of a democratic campaign committee, loans his car to them for purpose of doing election work. His daughter agreed to drive the car. While she was taking some voters to the polls she runs into and injures a pedestrian. The pedestrian sues Jones, the father, Is there liability? III P owned a coal business which he allowed his brother A to carry on in A's name. A made a bargain with T, a tailor, that T should make a suit of clothes for A and take his pay in coal. A had the coal delivered to T and received the clothes. A died soon after, and P, finding a charge on the books against T for the coal, sued T for the price. pleaded set-off and payment by the price of the clothes. T acted in good faith, supposing A to be the owner. Judgment? IV R & Company, an insurance Company operating in the United States, contracts with Bates & Company, an insurance Agency, in Kansas City, Missouri, to handle their business as General Agent in the State of Missouri. Prior to the signing of the contract between the Insur- ance Company and Bates & Company, Bates of Bates & Company, Manager, had solicited C, a rich farmer, with the view of writing a policy for $50,000.00 to cover C's life. C had been informed that the policy would be written in another Company and the manager of Bates & Company was informed by a brother of C that C had hereditary tuberculosis. After the Insurance Company and Bates & Company had made their contract with each other, a policy with R & Company was written on C's life by Bates & Company. No information as to the hereditary disease was communicated to the Insurance Company by Bates & Company. C dies of tuberculosis within six months after the policy is written. May his legal representative collect from the Insurance Company? May the Insurance Company recover from Bates & Company? V A told B that he was C's agent, and desired to sell for C, one thous- and bushels of wheat, for delivery at the expiration of thirty days, for $1.00 per bushel, cash. B thereupon entered into a written contract with A as C's agent for the purchase of the one thousand bushels .of wheat upon the terms mentioned. At the place agreed upon for delivery, wheat was worth upon the market $1.50 per bushel. C refused to deliver the wheat to B. Thereupon B sued C for damages in the sum of $500.00. Upon the trial he showed that at the time and place of delivery agreed upon, C had refused and failed to make the delivery. He also showed the statements made by A at the time the sale was made and the written contract. He offered no further evidence. Upon such showing was he entitled to recover? Give your reasons,