Krum v. King
California Supreme Court
Appeal from the Eleventh District, County of Placer. This was an action brought by the plaintiff for services rendered the defendant, in taking charge of certain property seized by the defendant, as Sheriff of Placer county, under a writ of attachment.
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Appeal from the Eleventh District, County of Placer. This was an action brought by the plaintiff for services rendered the defendant, in taking charge of certain property seized by the defendant, as Sheriff of Placer county, under a writ of attachment. One Stewart, a deputy of the defendant in the office of Sheriff of - Placer county, had in his hands a writ of attachment issued by the District Court of Placer county, and, by virtue of its commands, he seized certain real and personal property, and then and there made a contract with the plaintiff to take charge of the property, and safely…
1Opinion of the CourtTerry, C. J.
The complaint alleges a contract made with defendant, through his agent or deputy. In support of this allegation evidence was introduced, showing that defendant was Sheriff of the county, and that the contract was made by Stewart, one of his deputies.
This evidence was not sufficient to warrant the judgment. No special authority to make the contract is shown, and the mere fact of his being Deputy Sheriff, did not authorize Stewart to bind his principal in this manner.
Judgment reversed.
2Cited by4 opinions
- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- Daly v. KelleyMontana Supreme Court · 1920
- Lynch v. MeyersNew York Court of Common Pleas · 1870
- Munis v. OliverSuperior Court of Pennsylvania · 1903