United States Bedding Co. v. Andes
Supreme Court of Arkansas
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
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
- Meyer, Bannerman & Co. v. Stone & Co.Supreme Court of Arkansas · 1885
- Berry v. BarnesSupreme Court of Arkansas · 1861
- Tarpy v. BernheimerNew York Court of Common Pleas · 1892
3Cited by26 opinions
- National Union Fire Insurance v. School District No. 55Supreme Court of Arkansas · 1916
- Stevens v. FrostSupreme Judicial Court of Maine · 1943
- Pearson v. Agricultural Ins. Co.Supreme Court of Alabama · 1946
- Montgomery Ward & Co. v. ArbogastWyoming Supreme Court · 1938
- Creager v. Hidalgo County Water Improvement Dist.Texas Commission of Appeals · 1926
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