Pierce v. Fioretti
Supreme Court of Arkansas
Appeal from Sebastian. Circuit Court, Fort Smith District; Paul Little, Judge; 1. Payne was the-agent of appellee to sell cars; he was the general agent of Fioretti in selling cars in Fort Smith, and his local representative there.
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Appeal from Sebastian. Circuit Court, Fort Smith District; Paul Little, Judge; 1. Payne was the-agent of appellee to sell cars; he was the general agent of Fioretti in selling cars in Fort Smith, and his local representative there. A person dealing with an admitted agent has a right to presume that the agent is a general agent. 103 S. W. 79; 146 Id. 130; 132 Ark. 371; 201 S. W. Rep. 508. 2. There was no notice to appellant of any limit on Payne’s general agency or authority, and the court erred in admitting testimony about a contract between the Hartford Valley Mol or Sales Company and Payne,…
1Opinion of the CourtWood, J.
This is an action instituted by the appellee against the appellant to recover the possession of a five-passenger Dort automobile.
The appellee testified that he was the owner of the Hartford Yalley Motor Sales Company, hereafter for convenience called Motor Company; that one Mr. McCallum was the sales manager and had authority to employ salesmen; that he, witness, did not have authority from the manufacturers of the Dort cars to sell the same in Port Smith; that he had the sub-agency embracing the south part of Sebastian County, but under his contract he could not sell in Port Smith; that…
2Cases cited3 opinions
- Latham v. First National BankSupreme Court of Arkansas · 1909
- Wilson v. ShockleeSupreme Court of Arkansas · 1910
- Wales-Riggs Plantations v. GroomsSupreme Court of Arkansas · 1918
3Cited by20 opinions
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
- Hawkins v. Merrill, Lynch, Pierce, Fenner & BeaneDistrict Court, W.D. Arkansas · 1949
- Walker v. StephensCourt of Appeals of Arkansas · 1982
- Ozark Mutual Life Association v. DillardSupreme Court of Arkansas · 1925
- MacK v. ScottSupreme Court of Arkansas · 1959
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