Deffenbaugh v. Jackson Paper Manufacturing Co.
Michigan Supreme Court
Error to Jackson; Chester, J., presiding. Assumpsit by George B. Deffenbaugh against the Jackson Paper Manufacturing Company on a contract of employment. From a judgment for plaintiff, defendant brings error.
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Error to Jackson; Chester, J., presiding. Assumpsit by George B. Deffenbaugh against the Jackson Paper Manufacturing Company on a contract of employment. From a judgment for plaintiff, defendant brings error. Plaintiff sued defendant upon a contract of employment, set forth in the declaration as follows: That he was employed as the mechanical superintendent of the defendant’s works, in consideration of the yearly salary of $1,200, and the further consideration of 10 per cent, of the yearly net profits of defendant’s business in excess of $5,000. The employment was alleged to be for one year…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Plaintiff relies upon the authority of Mr. Charles Jackson, as the agent of defendant, to make the contract declared upon. If Jackson possessed the power to make it, it is by virtue of his authority as a general agent, or special authority conferred upon him by the proper officers of the company. The contract was not within the scope of a general agent to make. Such an agent is not clothed, by virtue of his agency, with power to contract with an employé for an interest in his principal’s business, or an interest in the profits thereof. See Gore v. Assurance Co.,…
2Cases cited1 opinion
- Gore v. Canada Life Assurance Co.Michigan Supreme Court · 1898
3Cited by8 opinions
- Woodman v. Kera LLCMichigan Supreme Court · 2010
- Goodman v. Motor Products Corp.Appellate Court of Illinois · 1956
- Sacks v. Helene Curtis Industries, Inc.Appellate Court of Illinois · 1950
- Howard v. the Winton Co.California Supreme Court · 1926
- Gaddie v. Collins of Kentucky, Inc.Court of Appeals of Kentucky · 1952
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