Legal Opinion

United States Bedding Co. v. Andes

Supreme Court of Arkansas

Decided October 14, 1912PublishedCited by 26 opinions

Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; One dealing with an agent is bound to ascertain the nature and extent of his authority; and, if he deals with the agent without such knowledge, he does so at his own peril. 62 Ark. 33,40; 92 Ark. 315, 320; 94 Ark. 301, 305; 102 S. W. 1066,1069. The alleged contract was not within the apparent scope of authority of the agent.

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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; One dealing with an agent is bound to ascertain the nature and extent of his authority; and, if he deals with the agent without such knowledge, he does so at his own peril. 62 Ark. 33,40; 92 Ark. 315, 320; 94 Ark. 301, 305; 102 S. W. 1066,1069. The alleged contract was not within the apparent scope of authority of the agent. The duty of a travelling salesman is to solicit and transmit orders for goods, and extends no further. 46 Ark. 210, 214, 215; 43 Pac. 383; 86 Pac. 845; 6 Am. &Éng. Ene. of L., (2 ed.) 224; 53 Am.…

1Opinion of the CourtFrauenthal, J.

This is an action instituted by appellee to recover for certain work and labor which he alleged he performed under a contract made with appellant through its agent. Appellee is engaged in a bill-posting business in the town of Osceola, and appellant is a mercantile corporation located in the city of Memphis. In the conduct of its business, appellant had in its employ a travelling salesman who was authorized to solicit orders for and make sales of its goods. Among its customers in Osceola was a retail firm to whom in shipping goods it also sent large printed advertisements which could be…

2Cases cited5 opinions

  1. City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
  2. American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
  3. Meyer, Bannerman & Co. v. Stone & Co.Supreme Court of Arkansas · 1885
  4. Berry v. BarnesSupreme Court of Arkansas · 1861
  5. Tarpy v. BernheimerNew York Court of Common Pleas · 1892

3Cited by26 opinions

  1. National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
  2. Stevens v. FrostSupreme Judicial Court of Maine · 1943
  3. Pearson v. Agricultural Ins. Co.Supreme Court of Alabama · 1946
  4. Montgomery Ward & Co. v. ArbogastWyoming Supreme Court · 1938
  5. Creager v. Hidalgo County Water Improvement Dist.Texas Commission of Appeals · 1926

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