Sexsmith v. Siegel-Cooper Co.
Appellate Terms of the Supreme Court of New York
Appeal from Special Term, New York County. Action by Alfred W. Sexsmith and another against the SiegelCooper Company. From a judgment for plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtScott, J.
There is absolutely, no evidence whatever that Murphy, the employé of defendant with whom the plaintiffs had their conversation, was invested with any authority to make a contract such as is sued upon here, and there is nothing in his title of superintendent of construction, or in the apparent scope of his duties, so far as *926disclosed by the evidence, to have justified plaintiffs in believing that he had any authority to make a contract. The rule is perfectly well settled that a person dealing with an agent is bound at his peril to inquire and ascertain the extent of the agent’s power and…
2Cited by1 opinion
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