Smith Table Co. v. Madsen
Utah Supreme Court
Appeal from District Court, Salt Labe County; T. D. Lewis, Judge. Action by tte Smith Table Company against P. W. Mad-sen. Judgment for plaintiff, and defendant appeals. appellant's POINTS. Agency cannot be proved by the declarations of the agent.
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Appeal from District Court, Salt Labe County; T. D. Lewis, Judge. Action by tte Smith Table Company against P. W. Mad-sen. Judgment for plaintiff, and defendant appeals. appellant's POINTS. Agency cannot be proved by the declarations of the agent. (1 Jones on Evidence [Pony Series], sec. 256.) The declaration of an agent is admissible as a part of the res gestae “It is of course an indispensable requisite to the admission of the declarations of an agent as part of the res gestae that such agency or authority be first proved. Such agency cannot be proved by the declarations themselves, no…
1Opinion of the CourtStr-Aup, J.
This is an action to recover a balance claimed to be due for goods sold and delivered by plaintiff to' the defendant. The goods were sold to him at Grand Rapids, Michigan, where plaintiff maintained a salesroom', and were shipped from Warren, Pennsylvania, where was its factory. The plaintiff contended that the goods were sold at a discount of fifteen per cent, if paid within twenty days from date of invoice, which was known in the trade as a “cash discount.” Defendant contended that he was to have a deduction of fifteen per cent, from the regular list or catalogue price, which was known in…
2Cases cited10 opinions
- Ditch v. SennottIllinois Supreme Court · 1886
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Reay v. ButlerCalifornia Supreme Court · 1886
- Shadburne v. DalyCalifornia Supreme Court · 1888
- Hagman v. WilliamsCalifornia Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lyon v. MaussUtah Supreme Court · 1906
- Blue Creek Land & Live Stock Co. v. AndersonUtah Supreme Court · 1909
- Hoover v. Utah Nursery Co.Utah Supreme Court · 1932
- Sterling Furniture Co. v. TobiasUtah Supreme Court · 1935
- Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.