Cedar Rapids & St. Paul Railroad v. Stewart
Supreme Court of Iowa
Appeal from Benton District Court. This action is brought on a contract executed by defendant and other citizens of Benton county, the material parts of which are in words following: “We, the undersigned residents of Benton county, in the State of Iowa, for the purpose of encouraging the construction of a railroad from Cedar Rapids, Marion, or any other feasible railroad point, to the town of Vinton, in said county of, Benton, and for value received, do hereby mutually…
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Appeal from Benton District Court. This action is brought on a contract executed by defendant and other citizens of Benton county, the material parts of which are in words following: “We, the undersigned residents of Benton county, in the State of Iowa, for the purpose of encouraging the construction of a railroad from Cedar Rapids, Marion, or any other feasible railroad point, to the town of Vinton, in said county of, Benton, and for value received, do hereby mutually covenant, promise and agree to pay any railroad company that our agents hereinafter named may for that purpose contract with,…
1Opinion of the CourtBeck, J.
i. Principal contract: power. I. The first point made by the appellant is, that the contract with the railroad company was not made by all the agents named in the obligation signed by defendant, and he is not, therefore, bound by their act. An authority conferred upon two or more persons to do an act as agents of another can be performed by them only jointly *119when no intent appears that it may be otherwise executed. But if it be shown by the instrument conferring the power that it is the intention for a part of the agents to execute it, such execution is sufficient. Story’s Agency, § 42;…
2Cases cited1 opinion
- Kupfer v. Inhabitants of the South Parish in AugustaMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Rundle v. CuttingSupreme Court of Colorado · 1893
- Union Agricultural & Stock Ass'n v. NeillSupreme Court of Iowa · 1870
- Judy Davis, as Next Friend of Eloise Gwinn, an Incapacitated Person v. Kindred Healthcare Operating, Inc.Court of Appeals of Tennessee · 2011