Kircher v. Conrad
Montana Supreme Court
Appeal from Third Judicial District, Custer County. The cause was tried before Liddell, J. Plaintiff appeals from an order of the court granting defendants’ motion for a new trial. The agent, Tompkins, as is admitted by the defendants, and as is shown by the evidence, had full authority to make sales. His contracts of sale made in the course of that business were binding upon them.
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Appeal from Third Judicial District, Custer County. The cause was tried before Liddell, J. Plaintiff appeals from an order of the court granting defendants’ motion for a new trial. The agent, Tompkins, as is admitted by the defendants, and as is shown by the evidence, had full authority to make sales. His contracts of sale made in the course of that business were binding upon them. Where the acts of the agent will bind the principal, representations, declarations, and admissions respecting the subject-matter will also bind the principal if made at the time of the transaction. (Benjamin on…
1Opinion of the CourtBlake, C. J.
This is an appeal from the order of the court below, in granting the motion of the respondents (who were the defendants in the action), for a new trial. The questions to be investigated may be readily understood by stating the substance of the pleadings.
The complaint alleges that the defendants were merchants in 1887, and that plaintiff purchased, through their “ duly-author*195ized agents and clerks,” eighty-one bushels of wheat, to be used by him in the spring of 1887 for seed; that he informed the agents of the defendants that he desired the wheat to be spring wheat for seed, to be sown that…
2Cases cited10 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Smith v. . TracyNew York Court of Appeals · 1867
- McCormick v. KellySupreme Court of Minnesota · 1881
- Pickert v. MarstonWisconsin Supreme Court · 1887
- Herbert v. KingMontana Supreme Court · 1872
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3Cited by6 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- First State Bank v. LarsenMontana Supreme Court · 1922
- Nelson v. Big Blackfoot Milling Co.Montana Supreme Court · 1896
- Lundquist v. JennisonMontana Supreme Court · 1923
- In Re McCueMontana Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.