Bovey-Shute Lumber Co. v. Donahue
North Dakota Supreme Court
Appeal from the District Court of Eddy County, Buttz, J. Plaintiff appeals from an order denying a new trial. Whatever an agent does in the lawful exercise of his authority is imputable to the principal, and where the acts of the agent will bind the principal, his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the transaction are often classed in the decisions as res gestae.
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Appeal from the District Court of Eddy County, Buttz, J. Plaintiff appeals from an order denying a new trial. Whatever an agent does in the lawful exercise of his authority is imputable to the principal, and where the acts of the agent will bind the principal, his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the transaction are often classed in the decisions as res gestae. Jones, Ev. § 356, pp. 444, 445; Tennessee Teleph. Co. v. Simms, 35 S. W. 173; B. & M. R. R. Co. v. Ordway (Mass.) 5 N. E.…
1Per curiam
In this case defendants recovered judgment. Notice of entry thereof was served upon plaintiff’s attorney on March 7, 1918. No appeal was taken from the judgment. The plaintiff prepared and served a proposed statement of case, and noticed the same for settlement on August 10, 1918. It also noticed a motion for judgment notwithstanding the verdict or for a new trial for hearing at the same time. Defendants’ counsel asserted that such motion could not be noticed or heard until after the statement had been settled. Plaintiff thereupon withdrew such motion. The proposed settlement of the statement…
2Cases cited5 opinions
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Higgins v. RuedNorth Dakota Supreme Court · 1915
- Garbush v. FireyNorth Dakota Supreme Court · 1916
- Grove v. MorrisNorth Dakota Supreme Court · 1915
- Gohl v. BechtoldNorth Dakota Supreme Court · 1917
3Cited by9 opinions
- Bratberg v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931
- Clausen v. MillerNorth Dakota Supreme Court · 1933
- Coughlin v. Ætna Life InsuranceNorth Dakota Supreme Court · 1923
- First National Bank v. KnaussNorth Dakota Supreme Court · 1938
- C. & M., INC. v. Northern Founders Insurance Co. of NDNorth Dakota Supreme Court · 1963
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