Strayhorn v. Giles
Supreme Court of Arkansas
Appeal from Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. An agent who discloses the name of his principal, acts under and within the scope of his authority, is not personally responsible unless he makes himself so, either by fraud or contract. As to the liability of an agent to third person on contract, see Story on Agency, sec. 261, et seq.
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Appeal from Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. An agent who discloses the name of his principal, acts under and within the scope of his authority, is not personally responsible unless he makes himself so, either by fraud or contract. As to the liability of an agent to third person on contract, see Story on Agency, sec. 261, et seq. It is a fixed principle of law, that when an agent acts within the scope of his authority, as Strayhorn clearly did in this case, and discloses the name of his principal, and is guilty of no tort, or deceit in executing his contract, there…
1Opinion of the CourtChief Justice English
In the month of August or September, 1854, Wm. Houser, of Van Burén, obtained possession of a mulatto boy named Bill, in the Indian country; and about the 16th of September, of the same year, placed him in possession of Samuel Strayhorn, of Dardanelle, and executed to him, on that day, a power of attorney, authorizing him to sell the boy, “ for any price whatever,” and to make a bill of sale, etc., to the purchaser, etc. On. the 6th of November, 1854, Strayhorn sold Bill to Josiah M. Giles, of the vicinity of Little Rock, for $1,000, taking a negro girl in part payment, and, in the name of…
2Cases cited1 opinion
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
3Cited by6 opinions
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
- Bugg v. Wertheimer-Schwartz Shoe Co.Supreme Court of Arkansas · 1897
- McDonnell Motor Hauling Co. v. Morgan Construction Co.Supreme Court of Arkansas · 1921
- Merriweather v. ErwinSupreme Court of Arkansas · 1871
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
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