Baker v. Seaweard
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Chief Justice Eakin. This is an action by R. E. Baker against E. F. Sea-weard, to recover $750 money had and received by defendant for the use of plaintiff. The facts out of which the action arose are that the plaintiff owned and managed two brands of sheep in Malheur County, and about October 20, 1910, intended visiting Colorado Springs for his health, to be gone about two months.
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Chief Justice Eakin. This is an action by R. E. Baker against E. F. Sea-weard, to recover $750 money had and received by defendant for the use of plaintiff. The facts out of which the action arose are that the plaintiff owned and managed two brands of sheep in Malheur County, and about October 20, 1910, intended visiting Colorado Springs for his health, to be gone about two months. He left one E. P. Mickey in charge of the sheep, and authorized him to sign plaintiff’s name to checks on the First National Bank of Ontario, with which to…
1Opinion of the Court
Opinion by
Me. Chief Justice Eakin.
Two principal, defenses are relied upon, namely, that Mickey, as agent for plaintiff, had authority to purchase the horses, and that plaintiff ratified said purchase.
1-3. We will first ascertain the law as to the agency, and who must determine the issues thereunder. It may be stated generally that a principal is not bound by the acts of his agent, unless within the real or apparent scope of the authority of such agent; and one dealing with an agent is bound, at his peril, to ascertain the extent of the agent’s authority, and is chargeable with knowledge…
2Cases cited7 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Connell v. McLoughlinOregon Supreme Court · 1895
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Reid v. Alaska Packing Co.Oregon Supreme Court · 1905
- Rumble v. CummingsOregon Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Phillips v. Colfax Company, Inc.Oregon Supreme Court · 1952
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- Cranston v. California Ins.Oregon Supreme Court · 1919
- Bailey v. OppOregon Supreme Court · 1938
14 more not listed; retrieve them via the Exa API.