New Mexico-Colorado Coal & Mining Co. v. Baker
New Mexico Supreme Court
Error to District Court, Colfax County; Leib, T. D.,. Judge- Action -by the New Mexico-Colorado- Coal' & Mining Company against J. E. Baker and another, partners as the Eock Milling & Elevator Company. Judgment for defendant, and plaintiff brings error. Plaintiffs failed to prove alleged agency.
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Error to District Court, Colfax County; Leib, T. D.,. Judge- Action -by the New Mexico-Colorado- Coal' & Mining Company against J. E. Baker and another, partners as the Eock Milling & Elevator Company. Judgment for defendant, and plaintiff brings error. Plaintiffs failed to prove alleged agency. Mechera on Agency, secs. 100, 276; 31 Cye. 1322, 1333. Shipment of coal was in no way an approval or ratification of alleged contract. 31 Cyc. 1253. Eefusal to order further cars authorized defendant to abandon or rescind contract. Youghiogheny & O. Coal Company v. Verstine, Hibbard & Co-, 176 Eed.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above.) — This court has not had the advantage of a brief by the defendant in error, and will therefore consider the alleged errors presented by the plaintiff in error in the order in which they are referred to in the brief.
[1] The first argued and submitted is based upon an alleged failure of the plaintiff, to prove that the alleged agent of the defendant was, duly authorized, or had any authority to make the alleged contract sued upon.; It is contended that one dealing with an agent must ascertain whether he is an agent, and the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Childers v. Southern Pacific Co.New Mexico Supreme Court · 1915
- State v. GonzalesNew Mexico Supreme Court · 1914
- Baca v. Unknown Heirs of PalaezNew Mexico Supreme Court · 1915
- Crawford v. Western Clay & Gypsum Products Co.New Mexico Supreme Court · 1915
3Cited by17 opinions
- City of Albuquerque v. AckermanNew Mexico Supreme Court · 1971
- Scott v. BrownNew Mexico Supreme Court · 1966
- Grandi v. LeSageNew Mexico Supreme Court · 1965
- Caviness v. Driscoll Const. Co.New Mexico Supreme Court · 1935
- Echols v. NC Ribble CompanyNew Mexico Court of Appeals · 1973
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