Aldrich v. Wilmarth
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by George W. Aldrich and Jacob E. Huffman, partners as Aldrich & Huffman, against Alma E.. Wilmarth, to recover a balance due on a building contract and for extra work. There was judgment for plaintiffs, and defendant appeals. The facts are fully stated in the opinion. It is incumbent upon a party dealing with an agent to ascertain the extent of his power.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by George W. Aldrich and Jacob E. Huffman, partners as Aldrich & Huffman, against Alma E.. Wilmarth, to recover a balance due on a building contract and for extra work. There was judgment for plaintiffs, and defendant appeals. The facts are fully stated in the opinion. It is incumbent upon a party dealing with an agent to ascertain the extent of his power. Story, Ag. § 136; Roberts v. Rumley, 12 N. W. 326; Owings v. Hull, 9 Pet. 246; Wheelon v. Muguire, 2 Law Rep. 808; Bond y. Pontiac, 62 Micb. 648; Bant v.…
1Opinion of the CourtCorsoN, J.
This is an action to recover a balance claimed to be due on a budding' contract, and for the -value:, of extra work and material furnished. Judgment for the plaintiffs, and the defendant appeals. The facts, briefly stated, are as follows: The plaintiffs entered into a contract with the defendant to erect for her a brick building for the sum of $10,700, of which the sum of $10,600 was paid before the institution of this action, leaving a • balance, as claimed by the plaintiffs, of $100 still due them on the original contract. They also claimed the sum of $242.76 as due them for extra work and…
2Cases cited8 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Glacius v. . BlackNew York Court of Appeals · 1872
- Phillip v. . GallantNew York Court of Appeals · 1875
- Champlin v. RowleyNew York Supreme Court · 1835
- Griggs v. SeldenSupreme Court of Vermont · 1886
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3Cited by10 opinions
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- Hulst v. Benevolent Hall Ass'nSouth Dakota Supreme Court · 1896
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