Wilson v. Vogeler
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District. Honorable Alfred Budge, Judge. Action to recover damages for violation of a contract. Verdict and judgment for the plaintiff. Tbe facts are stated in the opinion. ■The making of this contract was not within the scope of Martin’s authority, or apparent authority. He was merely what is ordinarily called a commercial “drummer.” He was recognized as such by the plaintiff.
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APPEAL from the District Court of the Fifth Judicial District. Honorable Alfred Budge, Judge. Action to recover damages for violation of a contract. Verdict and judgment for the plaintiff. Tbe facts are stated in the opinion. ■The making of this contract was not within the scope of Martin’s authority, or apparent authority. He was merely what is ordinarily called a commercial “drummer.” He was recognized as such by the plaintiff. As such an agent he has no authority to make the contract in question. The general rule is that a drummer or commercial traveler has authority only to take orders…
1Opinion of the Court
SULLIVAN, J. —
This action was commenced by respondent against appellant, who was then doing business as the Yogeler Seed and Produce Company, at Salt Lake City, Utah, to recover $1,295 damages on account of the failure of the defendant to deliver fifty thousand pounds of alfalfa seed in accordance with an alleged written contract or agreement dated January 15, 1901. The principal issue presented by the pleadings, and especially by the evidence, was whether or not said agreement was authorized by the defendant, and therefore binding upon him. The case was tried by the court with a jury and a…
2Cited by3 opinions
- State v. McConvilleIdaho Supreme Court · 1960
- Village of Ilo v. RameyIdaho Supreme Court · 1910
- McCarthy v. HarropIdaho Supreme Court · 1931