Minot Plumbing & Heating Co. v. Bach
North Dakota Supreme Court
From a judgment of the County Court of Ward County, Murray, J., plaintiff appeals. “An agency, like any other fact, may be proved by circumstances and the conduct of the parties and the relation that had previously existed between them.” 2 Jones, Ev. § 256; Grant Co. Bank v. Northwestern Land Co. 28 N. D. 479; Lake Grocery Co. v. Chiostri, 34 N. D. 399; 31 Cyc. 1574. “Where one dealt with an agent who failed to disclose his principal, his right to proceed against the…
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From a judgment of the County Court of Ward County, Murray, J., plaintiff appeals. “An agency, like any other fact, may be proved by circumstances and the conduct of the parties and the relation that had previously existed between them.” 2 Jones, Ev. § 256; Grant Co. Bank v. Northwestern Land Co. 28 N. D. 479; Lake Grocery Co. v. Chiostri, 34 N. D. 399; 31 Cyc. 1574. “Where one dealt with an agent who failed to disclose his principal, his right to proceed against the principal was not dependent upon the diligence used in discovering the fact of the concealed agency.” Baldwin v. Garrett, 111…
1Opinion of the Court
Christianson, Oh. J.
On the 17th day of June, 1917, the plaintiff submitted to one James Longevan a written proposal to change certain fixtures, and install a complete plumbing system, in a certain house in the city of Minot, for a consideration of $595. The proposition was accepted by James Longevan in writing. The plaintiff thereupon performed the work according to the written agreement. Plaintiff also claims that it performed certain extra work which made the aggregate of its charge for the work so performed and materials furnished $634.72. Longevan afterwards paid the plaintiff sums…
2Cases cited10 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Jones v. . WalkerNew York Court of Appeals · 1875
- Hogan v. CushingWisconsin Supreme Court · 1880
- Rees v. ShepherdsonSupreme Court of Iowa · 1895
- Holmes v. BronsonMichigan Supreme Court · 1880
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3Cited by1 opinion
- Quality Builders, Inc. v. HahnNorth Dakota Supreme Court · 1965