Stiteler v. Ditzenberger
Superior Court of Pennsylvania
Appeal, No. 228, Oct. T., 1910, by defendant, from judgment of C. P. Clearfield Co., Dec. Term, 1908, No. 325, on verdict for plaintiff in case of Lee Stiteler v. George Ditzenberger. ’ Assumpsit for labor and material.
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Appeal, No. 228, Oct. T., 1910, by defendant, from judgment of C. P. Clearfield Co., Dec. Term, 1908, No. 325, on verdict for plaintiff in case of Lee Stiteler v. George Ditzenberger. ’ Assumpsit for labor and material. Holt, P. J., specially presiding, charged in part as follows: Lee Stiteler has brought this action against George Ditzenberger for the purpose of recovering a balance of a claim, which the plaintiff avers is due to him from the defendant, amounting to $594.05, with interest thereon from August 18, 1908. As.the basis of his right of action in this case he has offered testimony…
1Opinion of the Court
Opinion by
Henderson, J.,
It is a well-established rule that if a person undertake to perform an act as the agent of another and he does not possess authority from his principal therefor or if he exceed the authority accorded to him he will be personally liable to the person with whom he is dealing: Wharton on Agency, sec. 524; 1 Pars. on Cont. 67; 2 Smith’s Lead. Cases, (10th ed.) 380, note; Story on Agency, (10th ed.) sec. 264; Jefts v. York, 64 Mass. 392; Baltzen v. Nicolay, 53 N. Y. 467; McConn v. Lady, 10 W. N. C. 493; Kroeger v. Pitcairn, 101 Pa. 311; Wolff v. Wilson, 28 Pa. Superior Ct.…
2Cases cited5 opinions
- Baltzen v. . NicolayNew York Court of Appeals · 1873
- Kroeger v. PitcairnSupreme Court of Pennsylvania · 1882
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Schalcher v. BergdollSuperior Court of Pennsylvania · 1910
- Jefts v. YorkMassachusetts Supreme Judicial Court · 1852
3Cited by6 opinions
- Kribbs v. JACKSONSupreme Court of Pennsylvania · 1957
- Evans v. ElyCourt of Appeals for the Third Circuit · 1926
- Stein v. McGinleySuperior Court of Pennsylvania · 1936
- Lukens v. CrozierSuperior Court of Pennsylvania · 1924
- Kennedy v. FaushSuperior Court of Pennsylvania · 1970
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