Legal Opinion

Davison v. Parks

Supreme Court of New Hampshire

Decided June 28, 1919PublishedCited by 20 opinions

Trover, for a truck. The defendants’ evidence tended to prove' that the plaintiff, a manufacturer of Long-Ford trucks employed one Jordan to establish- an agency for the sale of these trucks in Colebrook, and authorized him to sell the truck in question for $300. Jordan traded it to the defendants for an automobile. Transferred by Sawyer, J., from the May term, 1918, of the superior court on the defendants’ exception to a directed verdict.

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Trover, for a truck. The defendants’ evidence tended to prove' that the plaintiff, a manufacturer of Long-Ford trucks employed one Jordan to establish- an agency for the sale of these trucks in Colebrook, and authorized him to sell the truck in question for $300. Jordan traded it to the defendants for an automobile. Transferred by Sawyer, J., from the May term, 1918, of the superior court on the defendants’ exception to a directed verdict. The evidence relating to the exception appears in the opinion.

1Opinion of the CourtYoung, J.

The questions raised by the defendants’ exception are whether there is any evidence tending to prove (1) that the plaintiff expressly authorized Jordan to trade the truck for an automobile, or (2) that Jordan had implied, or (3) apparent authority to make the trade, or (4) that it is the custom in the automobile business for those who are employed to sell trucks to trade them for other property. 2 C. J. 559, 560.

The only evidence tending to prove that Jordan was expressly authorized to dispose of the truck is his testimony that he was authorized to sell it for $300. If “to sell” is given its…

2Cases cited2 opinions

  1. Atto v. SaundersSupreme Court of New Hampshire · 1915
  2. Taylor & Farley Organ Co. v. StarkeySupreme Court of New Hampshire · 1879

3Cited by20 opinions

  1. Theos & Sons, Inc. v. Mack Trucks, Inc.Massachusetts Supreme Judicial Court · 2000
  2. Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
  3. Brownell v. Tide Water Associated Oil Co.Court of Appeals for the First Circuit · 1941
  4. Belleau v. HopewellSupreme Court of New Hampshire · 1980
  5. Continental Insurance v. Seppala & Aho Construction Co.Supreme Court of New Hampshire · 1981

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