Tomlinson v. Collett
Indiana Supreme Court
Partners may be liable for goods purchased for them by their agent, although the agent, at the time of the contract, mention the name of only one of his principals.
1Opinion of the Court
IF the general issue be pleaded in an action of assumpsit against partners, the plaintiff must prove the partnership.
The declarations of an agent, at the time of making a contract for his principal, may be proved to show the character in which the contract was made, but they are not evidence to prove the agency; nor are the agent’s declarations, made subsequently to the contract, admissible as evidence for any purpose. Paley on Agency, 207 (1).
In an action against the principal for the price of goods bought for him by an agent, the delivery of the goods to the agent may be proved, without…
2Cases cited1 opinion
- United States v. Brig BurdettSupreme Court of the United States · 1835
3Cited by13 opinions
- Johnston Harvester Co. v. BartleyIndiana Supreme Court · 1882
- Crews v. LacklandSupreme Court of Missouri · 1878
- Dickensheets v. KaufmanIndiana Supreme Court · 1867
- Blair-Baker Horse Co. v. First National BankIndiana Supreme Court · 1905
- Latham v. PledgerTexas Supreme Court · 1854
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