Folsom v. McCague
Nebraska Supreme Court
Appeal from the district court for Douglas county. Heard below before Wakeley, J. The contracts were sent by appellees to Crew, as their agent, and they cannot now question his action as against appellants who acted in good faith. (Garland v. Wells, 15 Neb., 298; Webster v. Wray, 17 Id., 579.) They are bound by his apparent authority.
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Appeal from the district court for Douglas county. Heard below before Wakeley, J. The contracts were sent by appellees to Crew, as their agent, and they cannot now question his action as against appellants who acted in good faith. (Garland v. Wells, 15 Neb., 298; Webster v. Wray, 17 Id., 579.) They are bound by his apparent authority. (See cases cited on next point, and Bigelow, Estoppel [4th Ed.], 547; Herrick v. Atwood, 25 Beavan [Eng.], 205 [2 DeG. & J., 21]; McNeil v. Bank, 46 N. Y., 325; Combes v. Chandler, 33 O. St., 178; Internat’l Bank v. German Bank, 71 Mo., 183; Arnold v. Johnson,…
1Opinion of the CourtNobval, J.
This is an action in equity brought in the district court of Douglas county by the appellees to require the appellants to surrender certain land contracts to the plaintiffs. The district court decreed that the plaintiffs were entitled to the possession of said contracts and that the defendants should surrender the same to the appellees. The defendants appeal.
On and before the 28th day of April, 1887, the appellees, *127being the owners of certain contracts in writing, to-wit, Nos. 77,895, 77,896, 77,897, and 77,898, in and by which the Union Pacific Railway Company agreed to convey, on certain…
2Cases cited4 opinions
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Whitaker v. MillerIllinois Supreme Court · 1876
- Smith v. ClarkeWisconsin Supreme Court · 1859
- Whitney v. State BankWisconsin Supreme Court · 1859
3Cited by1 opinion
- Bloomfield State Bank v. MillerNebraska Supreme Court · 1898