Eagle Iron Co. v. Baugh
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Jack Baugh against the Eagle Iron Company. From a judgment for plaintiff, defendant appeals. This was an action by appellee against appellant for failure to take 500 cords of oak and pine wood, which appellant had contracted to take from appellee, and which appellee had tendered to defendant.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Jack Baugh against the Eagle Iron Company. From a judgment for plaintiff, defendant appeals. This was an action by appellee against appellant for failure to take 500 cords of oak and pine wood, which appellant had contracted to take from appellee, and which appellee had tendered to defendant. The disputed question was whether or not Stewart was the agent of appellant with authority to make the contract for the purchase of the wood, and there was conflict in the testimony as to the value of -the wood and of the…
1Opinion of the CourtAnderson, J.
“The authority of'an agent, where the question of its existence is directly involved, can only be established by tracing it to its source in some word or act of the alleged principal. The agent cannot confer authority upon himself. Evidence of his own statements or admissions, therefore, is not admissible against his.principal for the purpose of establishing, enlarging, or renewing his authority; nor can his authority be es*616tablished by showing that he acted as agent or that he claimed to have the powers -which he assumed to exercise.” — Mechem on Agency, § 100; Galbreath v. Cole, 61 Ala. 140;…
2Cases cited6 opinions
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Alabama Power Company v. SmithSupreme Court of Alabama · 1962
- W. S. Fowler Rental Equipment Company v. SkipperSupreme Court of Alabama · 1963
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
- Ex Parte DunlapSupreme Court of Alabama · 1923
26 more not listed; retrieve them via the Exa API.