Gilleland v. Drake
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Bichardson. There is no occasion for a statement of the facts.
1Opinion of the CourtWalker, J.
This was an action in the District Court for unliquidated damages, and yet the verdict of the jury and the judgment of the court are for coin, and must therefore he set aside.
Upon due consultation with the law as applicable to the facts in this case, it is doubtful whether Mrs. GHlleland is liable for the acts of her agent McLaren. (See Story on Agency, Section 318, 456.) Herein it is laid down that, as a general rule, a principal who neither authorizes nor ratifies a willful trespass committed by his agent, is not liable therefor.
On the question of ratification we will refer this ease back…
2Cited by3 opinions
- Brown v. StateTexas Supreme Court · 1875
- Gilleland v. DrakeTexas Commission of Appeals · 1881
- O'Neil v. DavisCourt of Appeals of Texas · 1883