Legal Opinion

Prescott v. White

Appellate Court of Illinois

Decided February 17, 1886PublishedCited by 3 opinions

Appeal from the Superior Court of Cook county ; the Hon. Joseph E: Gaby, Judge, presiding. This was a suit by appellee against appellants, to recover for services and expenses by the former, while acting as agent and traveling salesman for the latter in the sale, of a certain stove polish, of which the defendants were manufacturers, in the State of Maine.

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Appeal from the Superior Court of Cook county ; the Hon. Joseph E: Gaby, Judge, presiding. This was a suit by appellee against appellants, to recover for services and expenses by the former, while acting as agent and traveling salesman for the latter in the sale, of a certain stove polish, of which the defendants were manufacturers, in the State of Maine. There was a trial by jury, term!Bating in a verdict and judgment for plaintiff, in the sum of §340.66, from, which defendants took this appeal. On the trial the plaintiff gave testimony tending to prove that defendants were partners in the…

1Opinion of the CourtMcAllister, J.

The person who bargains to render services for another is deemed inlaw to undertake for good faith and integrity in the performance of his duties, and is liable in damages to his employer for negligence, bad faith or dishonesty. Hot only that, but the law goes further: For gross misconduct in the course of his agency, or intentional frauds upon his principal, he may be held to have forfeited all right to compensation as respects any of the business of the principal into which such fraud or misconduct shall have entered; Story on Ag. §§ 332, 333; Vennum v. Gregory, 21 Iowa, 326; Sea v.…

2Cases cited2 opinions

  1. Vennum v. GregorySupreme Court of Iowa · 1866
  2. Jones v. HoytSupreme Court of Connecticut · 1856

3Cited by3 opinions

  1. Hafner v. HerronIllinois Supreme Court · 1896
  2. Sidway v. American Mortgage Co. of ScotlandIllinois Supreme Court · 1906
  3. Harvey v. CookAppellate Court of Illinois · 1887

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