Oakland Motor Car Co. v. Kremer Motor Co.

I concur in the result and in the entire opinion except as now stated.

I am of the opinion that Derrick was without authority to modify the contract and that defendant well knew that fact.

I think the evidence taken as a whole is manifestly contrary to a finding that Derrick had such authority.

Furthermore, I am of the opinion that the evidence taken as a whole is manifestly contrary to a finding of ratification even if there be some evidence tending to sustain a finding of ratification.

I am of the opinion that the record does not disclose that the officers of plaintiff had full knowledge of the…