Union School Furniture Co. v. Mason
South Dakota Supreme Court
Appeal from circuit court, Aurora county. Hon. D. Haney, Judge. ■Action to recover for goods sold and delivered. Defendant answered, alleging payment to plaintiffs’ agent. Upon motion the court directed a verdict for defendant. Plaintiffs appeal. The facts are stated in the opinion. A witness may be cross-examined on all points, material to the issue.
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Appeal from circuit court, Aurora county. Hon. D. Haney, Judge. ■Action to recover for goods sold and delivered. Defendant answered, alleging payment to plaintiffs’ agent. Upon motion the court directed a verdict for defendant. Plaintiffs appeal. The facts are stated in the opinion. A witness may be cross-examined on all points, material to the issue. Ireland v. Railroad, 44 N. Y. 426; Graham v. Larimer, 43 Pac. 286; Sharp v. Hoffman, 21 Pac. 846. In determining the liability of the principal for the acts of his agent the question is, what authority was a third person dealing with the agent…
1Opinion of the CourtKellam, P. J.
The facts in this case, as we understand them from the record before us, are about as follows: The appellant is a manufacturer of and dealer in school furniture, located at Battle Creek, Mich. The respondent, living at Plankinton, S. D., was a contractor for the building and furnishing of schoolhouses. J. D. & J. F. Bartow, also living at Plankinton, acted as agents *149of appellant in selling furniture. Among other sales so made they sold a bill to respondent to put into a certain schoolhouse for the building and furnishing of which he had a contract These sales were usually made directly to the…
2Cases cited2 opinions
- Stewart v. WoodwardSupreme Court of Vermont · 1877
- McCormick v. KeithNebraska Supreme Court · 1879
3Cited by4 opinions
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