Lindsley v. Smith
Michigan Supreme Court
Error to Cass; Des Voignes, J. Assumpsit by John A. Lindsley and Edwin M. Lindsley, copartners as J. A. Lindsley & Company, against Lydia A. Smith for goods sold and delivered. There was judgment for plaintiffs, and defendant brings error. The plaintiffs are copartners engaged in selling lumber by retail in the village of Dowagiac, Cass county. The defendant is a married woman, the wife of Leroy Smith, also a resident of said village of Dowagiac.
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Error to Cass; Des Voignes, J. Assumpsit by John A. Lindsley and Edwin M. Lindsley, copartners as J. A. Lindsley & Company, against Lydia A. Smith for goods sold and delivered. There was judgment for plaintiffs, and defendant brings error. The plaintiffs are copartners engaged in selling lumber by retail in the village of Dowagiac, Cass county. The defendant is a married woman, the wife of Leroy Smith, also a resident of said village of Dowagiac. This suit is brought to recover $89.02, the balance unpaid on a bill of $389.02 for lumber furnished by plaintiffs in the construction of a house…
1Opinion of the CourtCarpenter, J.
(after stating the facts). Defendant insists that the trial court erred in not directing a verdict in her favor- She invokes the rules that ‘ ‘ the declarations of an agent are not admissible to establish an agency;” and that “there can be no presumption of the husband’s authority to act for his wife.” Both these rules are conceded. Neither of them was violated in the trial of this case. Defendant’s previously declared intention of building a house, the payment she made on account of these materials, and the fact that they were sold on her credit are circumstances of significance, and they,…
2Cases cited1 opinion
- Hillier v. EldredMichigan Supreme Court · 1892