Nixon v. Downey
Supreme Court of Iowa
Appeal from Taylor District Court. The plaintff averred in his petition, in substance, that the defendants are partners; that as their agent he purchased for them one hundred and twenty-three hogs, at three dollars and fifty cents per hundred pounds; that they authorized him to pay for them with his own money, and that he did so; that they refused to receive the hogs and pay for them, and that by such refusal he was damaged in the sum of five hundred dollars.
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Appeal from Taylor District Court. The plaintff averred in his petition, in substance, that the defendants are partners; that as their agent he purchased for them one hundred and twenty-three hogs, at three dollars and fifty cents per hundred pounds; that they authorized him to pay for them with his own money, and that he did so; that they refused to receive the hogs and pay for them, and that by such refusal he was damaged in the sum of five hundred dollars. There was a trial by jury, and verdict for the plaintiff in the sum of three hundred and sixty-one dollars and seventy-seven cents.…
1Opinion of the CourtAdams, J.
1. principal and agent: undisclosed agency: liability of prinicipal. I. It is insisted by the defendants that the special findings are inconsistent with the general verdict in three respects — First, in that the plaintiff did not purchase the hogs in the name of the defendants; and, second, that he paid for them with his own money; and, third, that it does not appear-affimatively that plaintiff did not know that the defendants were agents for a firm in St. Joseph. The evidence tended to show that the plaintiff when he purchased the hogs did not disclose his agency, if there was any; that the…
2Cited by11 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
- Pieart v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Diamond Plate Glass Co. v. DeHorityIndiana Supreme Court · 1895
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