Swift v. White Oak Coal Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the purchase price of goods sold.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the purchase price of goods sold. The Court in the opinion stated the facts as follows: Appellee, White Oak Coal Company, a Corporation, plaintiff below, sued defendant, Joseph Swift, on the common counts to recover the purchase price of three carloads of coal delivered about December 10, 1911. The jury returned a verdict for plaintiff, and from the judgment thereon appeal was taken. It appears that defendant had been conducting a sand and gravel business…
1Opinion of the Court
■ Mr. Justice Van Orsdel
delivered the opinion of the Court:
It is contended on behalf of plaintiff that Faulkner led plaintiff to believe that he was acting as the agent of defendant, and that the coal was purchased for defendant. The evidence, we think, fails to sustain this contention, but if it had been connected sufficiently with defendant it might be regarded as an issue for the jury. Before this evidence becomes material, *161however, it must appear that defendant expressly or impliedly authorized Faulkner to represent him, either in this specific transaction or as his general agent at the…
2Cited by6 opinions
- McDonald v. StoneDistrict of Columbia Court of Appeals · 1952
- Resnick v. Wolf & Cohen, Inc.District of Columbia Court of Appeals · 1946
- Hecht Company v. District of ColumbiaDistrict of Columbia Court of Appeals · 1958
- Mack v. American Security & Trust Co.Court of Appeals for the D.C. Circuit · 1951
- Oliver v. United Mortgage CompanyDistrict of Columbia Court of Appeals · 1967
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