Hastings Industrial Co. v. Copeland
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, judge; Tbe instructions given by the court ignored the fact that it was appellee’s duty to ascertain whether the soliciting agent had .any authority ether than to solicit subscriptions.
Read the full summary
Appeal from Howard Circuit Court; Jefferson T. Cowling, judge; Tbe instructions given by the court ignored the fact that it was appellee’s duty to ascertain whether the soliciting agent had .any authority ether than to solicit subscriptions. “One who deals with a special agent is bound to ascertain the nature and extent of his authority. ’ ’ 74 Ark. 561; 23 Ark. 411; 101 Ark. 75. The agreement of the soliciting agent to give appellee a “job of hauling” was inconsistent with the plain language of the contract, and not enforceable. 92 Ark. 508. The authority of the ordinary agent receiving…
1Opinion of the CourtHart, J.
The Hastings Industrial Company, a corporation organized and doing business in the city of Chicago, State of Illinois, instituted this action before a justice of the peace against J. M. Copeland to recover an amount alleged to be due it upon a subscription contract. There was a verdict and judgment for the defendant in the justice of the peace court, and, the plaintiff appealed. In the circuit court there was again a verdict and judgment for the defendant, and the plaintiff has appealed to this court.
The foundation of the action was a written contract between the Hastings Industrial Company…
2Cases cited2 opinions
- Tiner v. StateSupreme Court of Arkansas · 1913
- Alf Bennett Lumber Co. v. Walnut Lake Cypress Co.Supreme Court of Arkansas · 1912
3Cited by15 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Beasley v. BorenSupreme Court of Arkansas · 1946
- Les-Bil, Inc. v. General Waterworks Corp.Supreme Court of Arkansas · 1974
- McCargo v. SteeleDistrict Court, W.D. Arkansas · 1958
- Stokes v. RobertsSupreme Court of Arkansas · 1986
10 more not listed; retrieve them via the Exa API.