Legal Opinion

Howe Machine Co. v. Ashley

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 5 opinions

Appeal from the Circuit Court of St. Clair. Tried before tbe Hon. ¥m. L. Whitlock. This action was brought by B. E. Ashley, against the “ Howe Machine Company,” a foreign corporation; and was commenced by attachment, sued out before a justice of the peace, on the 17th October, 1873. The case having been removed by appeal, on the part of the defendant, the plaintiff there filed a complaint, claiming $22, “ due by account, for the hire of a mule or horse, on the — day of-,…

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Appeal from the Circuit Court of St. Clair. Tried before tbe Hon. ¥m. L. Whitlock. This action was brought by B. E. Ashley, against the “ Howe Machine Company,” a foreign corporation; and was commenced by attachment, sued out before a justice of the peace, on the 17th October, 1873. The case having been removed by appeal, on the part of the defendant, the plaintiff there filed a complaint, claiming $22, “ due by account, for the hire of a mule or horse, on the — day of-, 1873;” to which the defendant pleaded the general issue, and issue was joined on that plea. On the trial, the following…

1Opinion of the CourtStone, J.

The record shows that the two several charges, given by the court below, are sufficiently excepted to,, to present each of them for our decision.—Sackett v. McCord, 23 Ala. 851.

2. One dealing with an agent is bound, at his peril, to inform himself of the extent of the agent’s authority to bind his principal. Authority to sell, and to canvass for the sale of sewing-machines, does not, per se, confer the power to purchase or hire a horse or mule, to aid the agent’s locomotion, and thus fasten a liability on the principal for the purchase price or hire. This depends on the terms of the contract,…

2Cases cited4 opinions

  1. Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
  2. Sacket v. McCordSupreme Court of Alabama · 1853
  3. Alderson v. HarrisSupreme Court of Alabama · 1847
  4. McGowen v. GarrardSupreme Court of Alabama · 1830

3Cited by5 opinions

  1. Oxweld Acetylene Co. v. HughesCourt of Appeals of Maryland · 1915
  2. W. T. Rawleigh Co. v. PhillipsSupreme Court of Alabama · 1936
  3. Rexroth v. HollowayIndiana Court of Appeals · 1909
  4. Evans v. DaughtrySupreme Court of Alabama · 1887
  5. Smith v. DroubayUtah Supreme Court · 1899

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