Mississippi Valley Construction Co. v. Charles T. Abeles & Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. Appellee sued one M. F. Bain in a justice’s court on account for $114.24. Afterwards, on motion of appellee, appellants, Mississippi Vallej'- Construction Company and Zeb Ward, were made parties defendant. On the trial day in the justice’s court, the cause was dismissed as to Bain, and judgment by default was taken against appellants. They appealed to the circuit court.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. Appellee sued one M. F. Bain in a justice’s court on account for $114.24. Afterwards, on motion of appellee, appellants, Mississippi Vallej'- Construction Company and Zeb Ward, were made parties defendant. On the trial day in the justice’s court, the cause was dismissed as to Bain, and judgment by default was taken against appellants. They appealed to the circuit court. The cause was tried by jury in the circuit court upon the following undisputed evidence: “The Mississippi Valley Construction Company made a…
1Opinion of the Court
Wood, J.,
(after stating the facts). First. The judgment is correct. While Bain purchased the material sued for- in his own name, and without disclosing his principal, and while credit was extended to him as the supposed principal, it was nevertheless true that he was the agent of appellant Construction Company, and was clothed with the authority to buy the material to be used in the construction of the building. The proof shows that appellee did not know that Bain was the agent of the construction company when the credit was extended to him, and that as soon as this agency was discovered…
2Cases cited2 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Benjamin v. BirminghamSupreme Court of Arkansas · 1887
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